PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:   3 February 1999              
	DOCKET NUMBER:   AR1999-016639

	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. Loren G. Harrell		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crunpler		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Mark D. Manning		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 correction of his records to show award of the Combat Infantry Badge (CIB).

3.  The applicant states he feels that he should have been awarded the CIB because he served in a combat zone in an Infantry military occupational specialty (MOS).

4.  The applicant’s military records show he was inducted into the Army of the United States on 21 March 1966 and he completed basic and advanced individual training and was awarded MOS 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam (RVN) from 12 December 1966 through 11 December 1967.  He was honorably discharged on 20 March 1968.

5.  Army Regulation 600-8-22 also 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.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.5.  

6.  Item 38 of the applicant’s DA Form 20 (Enlisted Qualification Record), shows he was assigned to Troop C, 3d Squadron, 5th Calvary, 9th Division, and he served in MOS 11C Indirect Fire Crewman, (or a Mortar Crewman).

7.  Army Regulation 600-8-22 provides that the Good Conduct Medal (GCMDL) 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 GCMDL, disqualification must be justified.

8.  Further, there is no evidence the applicant was disqualified by his unit commander for award of the GCMDL.  Records show that his conduct and efficiency was rated as “excellent” throughout his service and there is no indication of indiscipline in his record.

9.  The applicant’s unit was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 43, dated 1970.

10.  The unit was also awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Headquarters Department of the Army General Orders Number
8, dated 1974.
11.  However, the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the GCMDL; the CIB; the Vietnam Cross of Gallantry with Palm Unit Citation; or the Vietnam Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS:

1.  Evidence of record shows that the applicant served in the RVN in an infantry MOS and in a combat unit.  Therefore, he is entitled to award of the CIB and correction of his military record to show this award.

2.  Additionally, the applicant is entitled to the first award of the GCMDL for the period 21 March 1966 through 20 March 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his record to show this award.

3.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.  However, these awards were granted after his separation from active duty, and were not reflected on his separation documents.  Accordingly, the applicant is now entitled to correction of his records to show these awards. 

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the GCMDL for the period 
21 March 1966 through 20 March 1968; the CIB; the Vietnam Cross of Gallantry with Palm Unit Citation; and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

SAC_____  FKM____   MDM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999-016639	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990203	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680320	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration Term of Service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	Applicant feels he is entitled to the CIB.	
2.		
3.		
4.		
5.		
6.