PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  26 April 2000
	DOCKET NUMBER:   AR1999034837

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Karol A. Kennedy		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 he be awarded the Combat Infantryman Badge (CIB), Good Conduct Medal, and the expert marksmanship badge with rifle and pistol bars.  He submits copies of orders for the marksmanship badges.

3.  The applicant states that he never received any of these awards.

4.  The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center, St. Louis, Missouri.  The only available document was his DD Form 214 (report of separation) which shows that he was called to active duty from the ARNG on 1 September 1950.  He was separated from active duty by reason of completion of required service in grade E-3 on 8 September 1952.

5.  His military skill is shown as a cook and he attended food service school in 1950.  His last unit of assignment is listed as the 48th Field Artillery Battalion.  None of the requested awards are shown as authorized.  In 1984 his records were administratively corrected to add the National Defense Service Medal although there is no evidence to show that he was in an active status after 1 January 1961 when the award became effective.

6.  The applicant provides copies of order number 266 which shows that he was awarded the expert marksmanship badge with rifle and pistol bars on 19 November 1951.

7.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.

8.  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.  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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  There was no automatic entitlement to the Good Conduct Medal,

CONCLUSIONS:

1.  There is sufficient evidence provided by the applicant to show that he was awarded the expert marksmanship badge with rifle and pistol bars.

2.  There is no evidence of record to indicate that the applicant ever qualified for an award of the CIB and there is insufficient evidence to indicate that he was or should have been awarded the Good Conduct Medal.

3.  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 showing that he was awarded the expert marksmanship badge with rifle and pistol bars.

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

BOARD VOTE:  

__SK___  __CG___  __KK___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Stanley Kelley____
		        CHAIRPERSON

INDEX

CASE ID	AR1999034837	
SUFFIX		
RECON		
DATE BOARDED	20000426	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.