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Decision Text

ARMY | BCMR | CY1995 | 9508623C070209
Original file (9508623C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  Correction of his military records to show that he was awarded the Combat Infantryman Badge (CIB) and the Good Conduct Medal (GCMDL) for his service during the period 27 July 1962 through 27 July 1965.

APPLICANT STATES:  That he participated in military operations in the Dominican Republic in 1965 and later was informed that personnel participating in that operation were subsequently awarded the CIB for their participation.  However, he had already separated from the service and never received his award of the CIB.  He further states that he also never received his award of the GCMDL which should have been automatically awarded after 3 years of honorable service.

EVIDENCE OF RECORD:  The applicant's military records covering his prior service during the period in question were unavailable for review by the Board.  Information contained herein was obtained from the applicant’s USAR records and show:

The applicant enlisted on 27 July 1962 for a period of 3 years.  He was honorably released from active duty on 28 July 1965 at Fort Bragg, North Carolina, after having served 3 years and 1 day of total active service as a field artillery crewman.  His separation document (DD Form 214) indicates that he served overseas in the Caribbean but does not specify where.  His DD Form 214 also shows that he was awarded the Parachutist badge and the Armed Forces Expeditionary Medal (AFEM).

The applicant enlisted in the USAR on 12 August 1984 and has remained in the USAR through a series of reenlistments.  He was promoted to the pay grade of E-7 on 1 October 1993. 

Army Regulation 672-5-1, in effect at the time, provided Army policy on military decorations and awards.  It stated, in pertinent part, that the CIB is awarded to enlisted men who possess an infantry military occupational specialty (MOS) and, who subsequent to 6 December 1941 have satisfactorily performed duty while assigned or attached to an infantry unit that was engaged in active ground combat.

Chapter 3 of that regulation outlined the criteria for award of the GCMDL.  It stated, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL.  Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members.

Army Regulation 672-5-1 also indicates that the AFEM was awarded for service in the Dominican Republic during the period 28 April 1965 to 21 September 1966.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to be eligible for award of the CIB, the basic qualification is to hold an infantry MOS.  All of the available records fail to show that the applicant ever held such an MOS.  Therefore, there is no basis to approve his request.

2.  The applicant’s contention that award of the GCMDL is automatic is without merit.  There is no automatic entitlement to award of the GCMDL.  Although the applicant’s original service records were not available for review by the Board, it must be presumed that the applicant’s commander did not recommend him for award of the GCMDL.  Consequently, in the absence of evidence to show otherwise, there is no basis to award him the GCMDL. 

3.  In view of the foregoing, there is no basis to approve his requests.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director

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