PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               10 October 2002
	DOCKET NUMBER:       AR2002074775

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed the U.S. Army School, Europe 155mm Projectile Prefire Course, to show he was awarded the “Spanish Paratrooper Wings” (correctly known as the Spanish Armed Forces Parachutist Badge) and the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that these omissions were made to his DD Form 214 when he separated from the U.S. Army in Oakland, California in 1969.  In support of his application, the applicant submits a supplemental letter, a copy of his DD Form 214, a Honor Graduate certificate from the U.S. Army School in Europe, a certificate of commendation from the 8th Infantry Division, a certificate of participation in a combined U.S./Spanish Field Exercise held in Spain from 16 to 30 May 1967, a photocopy of Spanish Airborne Wings and Spanish Airborne Scarf, a DA Form 638 (Recommendation for Award and a DA Form 67-6 (Army Officer Efficiency Report).

4.  The applicant’s military records show that he was appointed in the Regular Army on 13 June 1965 as a second lieutenant in the Armor Branch.  He completed overseas assignments in Germany and Vietnam and was discharged on 1 June 1969.  On the same date, he was appointed in the U.S. Army Reserve (USAR) and was released from the USAR on 21 January 1972.

5.  The applicant’s DD Form 214 does not show the U.S. Army School, Europe 155mm Projectile Prefire Course in item 25 (Education and Training Completed).

6.  The applicant provided a copy of a certificate from the U.S. Army School, Europe, Weapons Assembly Department which shows he graduated with honors from the 155mm Projectile Prefire Course during the period 31 October through 4 November 1966.

7.  There are no orders which show the applicant was authorized to accept or to wear the Spanish Armed Forces Parachutist Badge.  He did not provide a copy of orders or an award certificate in support of his claim for this foreign award.

8.  The applicant submitted a letter in which he states that, "I was presented with my Spanish jump wings (as well as with the Spanish Army's Airborne scarf, which only Spanish paratroopers are entitled to wear)."

9.  The applicant's DD Form 214 does not show the CIB as an authorized award. 

10.  There are no orders which show the applicant was awarded the CIB.  His DA Form 66 does not list the CIB in item 21 (Awards and Decorations).  

11.  The applicant’s DA Form 66 shows he completed training as an armor officer and served as a S-1, "commo" officer and assistant G-2 during his tour in Vietnam.  There is no evidence of record which shows he was awarded an infantry military occupational specialty (MOS).

12.  The Board noted that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his discharge document.

13.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 25 (Education and Training Completed) will list service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 being prepared. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

15.  Army Regulation 600-8-22 provides that foreign decorations and badges may be authorized by authorized approval authorities for wear by U.S. military personnel. Foreign qualification and special skill badges may be accepted if awarded in recognition of the criteria as established by the foreign government concerned.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  The regulation specifically prohibits honorary badges from being authorized for wear or entry in official military personnel records. 

16.  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.  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.

CONCLUSIONS:

1.  The Board considered the applicant's request for correction of his DD Form 214 to show the 155mm Projectile Prefire Course.  However, based on Army Regulation 635-5, training courses for combat skills are not listed on the DD Form 214.  Therefore, the applicant's DD Form 214 will not be amended to show this course.

2.  There is no evidence of record which shows the applicant was authorized to wear or to accept award of the Spanish Armed Forces Parachutist Badge.  Therefore, there is no basis to correct the applicant's DD Form 214 to show award of the Spanish Armed Forces Parachutist Badge in this case.

3.  The Board considered the applicant's request for award of the CIB for his service as an infantryman.  However, there is no evidence which shows the applicant was awarded an infantry military occupational specialty.  Therefore, there is no basis to award the CIB in this case.  

4.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his records will be amended to show this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

RJW____  RWA____  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond J. Wagner_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002074775	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021010	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0000	
2.	100.0000	
3.		
4.		
5.		
6.