PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 August 2001     
	DOCKET NUMBER:   AR2001055672

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Expert Infantryman Badge (EIB), the Ranger Tab and the Good Conduct Medal.

3.  The applicant states, in effect, that he was a cadre member for the EIB testing in shooting positions, cover and concealment.  He contends that he took Ranger rappeling training and had good and responsible behavior at all times.  In support of his application, he submits a letter of explanation, dated 14 March 2001; a copy of his DD Form 214 (Report of Separation From the Armed Forces of the United States); a letter, dated 17 March 1989, from the U.S. Army Reserve Personnel Center; a sworn statement, dated 13 November 1998; and two letters of explanation, dated 3 December 1996 and 24 November 1998.       

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant was inducted on 
4 November 1953.  He trained as a light weapons infantryman and was honorably released on 24 October 1955 and was transferred to the Army Reserve to complete his remaining service obligation.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the EIB, the Ranger Tab or the Good Conduct Medal as authorized awards.

6.  There are no orders for award of the EIB in the available records.  There is no evidence in the available records which shows the applicant met the qualifications for award of the EIB.

7.  There are no orders for award of the Ranger Tab in the available records.  There is no evidence in the available records which shows the applicant met the qualifications for award of the Ranger Tab.

8.  There are no orders for award of the Good Conduct Medal in the available records.  There is no evidence in the available records which shows the applicant was considered for the first award of the Good Conduct Medal.       

9.  The applicant provided a sworn statement, dated 13 November 1998, from a fellow soldier at the time in question.  The fellow soldier attests that he witnessed the applicant running in the Ranger Company, performing as an instructor at the Cadre school, shooting in the range and undergoing rappeling training as a Ranger.   

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures for awards, and Paragraph 8-8 provides for award of the Expert Infantryman Badge.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a soldier must be in an active Army status and must have an infantry or special forces specialty.

11.  Army Regulation 600-8-22, in pertinent part, sets forth the requirements for award of the Ranger Tab.  The Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command or award of the Combat Infantryman Badge while serving in World War II as a member of a Ranger Battalion (1st to 6th inclusive) or in the 5307th Composite Unit (Merrill’s Marauders).

12.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

CONCLUSIONS:

1.  The Board considered the sworn statement provided in support of the applicant’s claim for award of the EIB and the Ranger Tab.  However, there is no evidence of record available to the Board which shows the applicant completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  Therefore, the applicant is not entitled to award of the EIB. 

2.  There is no evidence of record available to the Board which shows the applicant completed a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command.  Therefore, the applicant is not entitled to award of the Ranger Tab. 

3.  As an exception to regulation, the applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying Federal military service (active duty from 4 November 1953 through 24 October 1955).  Therefore, the applicant is entitled to correction of his DD Form 214 to show this award. 

4.  In view of the foregoing and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the first award of the Good Conduct Medal for the period 4 November 1953 through 24 October 1955.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

JEV____  BJE_____  WDB____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__James E. Vick______
		        CHAIRPERSON

INDEX

CASE ID	AR2001055672	
SUFFIX		
RECON		
DATE BOARDED	20010821	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.