PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           26 SEPTEMBER 2002                  
	DOCKET NUMBER:   AR2002069601

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Karen Y. Fletcher		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 reconsideration of his previous request for award of a second Purple Heart.  The applicant also requests award of the Combat Infantryman Badge, which was not requested in his original application to the Board.  The applicant states, in effect, that he should have received a second Purple Heart for wounds sustained on 1 February 1969.  He submits a copy of his Bronze Star Medal with "V" device narrative citation, which indicates that he "was painfully wounded by flying shrapnel…."  The citation was included with the applicant's original application to the Board.  He submits no new evidence in support of his request for award of the Purple Heart and no evidence to support award of the Combat Infantryman Badge.

3.  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case (AR1999034193) on 3 August 2000.

4.  The applicant's primary military specialty was 76Y (Unit and Organization Supply Specialist), which was awarded to him in July 1968 upon completion of training.  Although his records indicate that he performed duties as a personnel specialist (71H) while at Fort Hood, Texas, he was assigned duties as a supply specialist (76Y) while assigned to an infantry element in Vietnam between September 1968 and August 1969.

5.  There are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.

6.  The applicant's conduct and efficiency ratings were excellent throughout the duration of his military service and he was promoted to pay grade E-4 in February 1969.  His records do not contain any evidence of misconduct or disciplinary problems.  There is, however, no indication he was ever awarded an Army Good Conduct Medal.

7.  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.

8.  By virtue of the applicant's assignment in Vietnam he is also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars on his Vietnam Service Medal.  His records already reflect the Vietnam Service Medal but the bronze service stars, denoting participation in four designated campaign periods (Vietnam Counteroffensive-Phase V and VI, Tet 69 Counteroffensive-1969 and Vietnam Summer-Fall-1969) were omitted.

CONCLUSIONS:

1.  The applicant has provided no new evidence which would serve as a basis to overturn the Board's original determination concerning award of the Purple Heart.

2.  There is no evidence the applicant held an infantry specialty while assigned to Vietnam and as such, he would not meet eligibility requirements for award of the Combat Infantryman Badge.  The Board notes that all soldiers are provided basic combat skills training after they enter the Army.  This is provided to insure that all soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry soldiers to temporarily perform the basic infantry duties that all soldiers are taught but it is not a basis for the award of the Combat Infantryman Badge.

3. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 27 August 1969.  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 10 January 1968 through 
27 August 1969.

4.  The Board also notes that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars on his Vietnam Service Medal.  His records should be corrected accordingly.

5.  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:

a.  by awarding the individual concerned the Army Good Conduct Medal for the period 10 January 1968 through 27 August 1969; and

b.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars on his Vietnam Service Medal.

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

BOARD VOTE:  

__RVO__  __RJW__  __KYF___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2002069601	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020926	
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.