PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 MARCH 2003                  
	DOCKET NUMBER:   AR2002076406

	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. Luther L. Santiful		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Kenneth W. Lapin		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, in effect, that awards reflected on his DA Form 1577 (Authorization for Issuance of Awards), which are not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be added via issuance of a DD Form 215 (Correction to DD Form 214, Report of Separation from Active Duty).  He states, in effect, the Valorous Unit Emblem, three bronze service stars on his Vietnam Service Medal, the Combat Infantryman Badge, Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and that he qualified as an expert with the carbine and as a sharpshooter with the rifle were omitted from his DD Form 214.  In support of his request he submits a copy of the DA Form 1577 and DD Form 214.

3.  Records available to the Board indicate he was inducted and entered active duty on 5 November 1965.  The applicant was trained as a cook (specialty 94B) and served in that field when he was initially assigned to Vietnam in March 1968. However, on 8 May 1968 he was awarded a primary specialty of 11B (infantryman) and on 10 May 1968 he was transferred from D Company to A Company of the 2nd Battalion, 47th Infantry.

4.  In July 1968 the applicant was authorized 30 days of compassionate leave as a result of family problems.  He was ultimately assigned to a unit in Cleveland, Ohio and on 4 October 1968 was released from active duty.  His separation reports reflects entitlement to the "National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Drivers Badge" and a Good Conduct Medal.

5.  In 1985 officials at the Army Reserve Personnel Center authorized issuance of the awards listed on his DD Form 214 as well as the decorations he is now requesting.  His qualification as an expert with the carbine and as a sharpshooter with the rifle and the fact that he was awarded the associated badges and component bars are confirmed in documents contained in the applicant's files.  There is no evidence he was ever awarded the Combat Infantryman Badge.

6.  A review of DA Pamphlet 672-3 confirms the applicant is entitled to the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars on his Vietnam Service Medal denoting participation in three designated campaign periods (TET Counteroffensive, Vietnam Counteroffensive-Phases IV and V) based on his service in Vietnam with the 47th Infantry.

7.  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.

CONCLUSIONS:

1.  The evidence confirms that the applicant qualified as an expert with the carbine and as a sharpshooter with the rifle and was awarded the associated badges and component bar.  His records should be corrected accordingly.

2.  The evidence also confirms that the applicant is entitled to the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars on his Vietnam Service Medal, by virtue of his assignment with the 47th Infantry while in Vietnam.  Those decorations should also be added to his separation document.

3.  Although there is no conclusive evidence that the applicant actively participated in any ground combat while in Vietnam, the Board concludes that the fact he was reclassified to an infantry specialty shortly after his arrival in Vietnam is an indication that infantryman were in short supply and that combat situations dictated the need for additional infantryman.  As such, in the interest of justice and equity, the Board concludes that the applicant met the requirements for award of the Combat Infantryman Badge and his records should be corrected accordingly.

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:

a.  by awarding the individual concerned the Combat Infantryman Badge; 

b. by showing that he qualified as an expert with the carbine and as a sharpshooter with the rifle and that he was awarded the associated badges and component bars; and

c.  by showing that he is entitled to the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars on his Vietnam Service Medal.

BOARD VOTE:  

__LLS___  __CJP __  __KWL__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__   Luther L. Santiful______
		        CHAIRPERSON

INDEX

CASE ID	AR2002076406	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030320	
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.