PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           04 JUNE 2002
	DOCKET NUMBER:   AR2002068509

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Regan K. Smith		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 that his records be corrected to show he was awarded the Combat Infantryman Badge (CIB).

3.  The applicant states that on 31 July 1967, while serving in Vietnam, his military occupational specialty (MOS) was changed from 13A to 11B, and that he was involved in fire fights.  In support of his request he submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), his DA Form 20 (Enlisted Qualification Record), and a letter dated 18 May 1992 to his congressman soliciting his help in obtaining the CIB.  

4.  The applicant’s military records show that he was inducted in the Army of the United States on 16 November 1966 for a period of 2 years.  He completed basic training at Fort Dix, New Jersey, advanced individual training at Fort Sill, Oklahoma, and was awarded MOS 13A (Field Artillery) on 31 March 1967.   

5.  The applicant served in Vietnam from 30 April 1967 through 14 April 1968, and was assigned to the 54th Ordnance Company from 6 May 1967 through 
31 July 1967.  That unit was awarded a Meritorious Unit Commendation while the applicant was assigned.

6.  On 13 March 1968 he was awarded MOS 55B (Ammunitions Storage Apprentice).

7.  The applicant’s DA Form 20, item 28 (Record of Assignments) shows the applicant performed as a field artillery and ammo storage apprentice while in Vietnam.  On 31 July 1967 he was assigned duties with the 3rd Ordnance Battalion.  His duty MOS was listed as 11B.  

8.  On 28 August 1968, he was released from active duty under the provisions of Army Regulation 635-200, chapter 5.  His DD Form 214 indicates he had 1 year, 9 months and 13 days of creditable service, and was awarded the Vietnam Service Medal with 3 bronze service stars, the Republic of Vietnam Campaign Medal, the National Defense Service Medal and the sharpshooter badge (rifle).  

9.  Army Regulation 600-8-10 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.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

10.  On 19 August 1992, the U.S. Army Reserve Personnel Center responded to an inquiry from the applicant’s congressman.  They advised the congressman that the applicant’s military records did not show that he was eligible for the CIB, and suggested that if the applicant believed that an error or injustice exists in his records he could apply to this Board for corrective action.   

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

12.  By virtue of the applicant's assignment in Vietnam he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

CONCLUSIONS:

1.  There is no evidence in the available records to show that the applicant was awarded MOS 11B, or that he was ever assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Board notes that the applicant’s records indicates that during his tour in Vietnam he was assigned to ordnance units and as such would not have been eligible for the Combat Infantryman Badge even if he would have held an infantry MOS.    

2.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 28 August 1968.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 16 November 1966 through 
28 August 1968.  

3.  By virtue of the applicant’s assignment in Vietnam from 20 April 1967 through 14 April 1968, he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with palm, and based on his assignment with the 54th Ordnance Company from 6 May 1967 through 30 July 1967, he is entitled to the Meritorious Unit Commendation.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the applicant the Good Conduct Medal for the period 
16 November 1966 through 28 August 1968, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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

BOARD VOTE:  

__JLP __  __AAO __  __RKS __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Jennifer L. Prater   __
		        CHAIRPERSON

INDEX

CASE ID	AR2002068509	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020604	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.