PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 February 2003
	DOCKET NUMBER:   AR2002078256

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Antonio Uribe		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).

3.  The applicant states, in effect, that he was awarded the CIB and desires to have it entered in his records.  In support of his application he submits a photocopy of an unauthenticated order awarding him the CIB.

4.  The applicant’s military records show that he enlisted in the Regular Army on 10 September 1970 for a period of 3 years.  He successfully completed his training and was transferred to Vietnam on 24 April 1971 for duty as an air traffic control tower operator.  He was assigned to the 365th Aviation Detachment and was advanced to the pay grade of E-4 on 19 July 1971.

5.  He remained in Vietnam until 2 March 1972 when he was transferred to Oakland Army Base, California, for early separation.  He was honorably released from active duty (REFRAD) on 3 March 1972 to join a United States Army Reserve (USAR) Unit.  He had served 1 year, 9 months and 19 days of total active service and was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal.  His records also show that he was awarded the Sharpshooter Marksmanship Badge with Rifle Bar (M-16); however, it was not entered on his report of separation (DD Form 214).  His records also show that he had excellent conduct and efficiency ratings and contain no derogatory information.

6.  The photocopied order submitted by the applicant with his application is a poor quality unauthenticated copy of an order dated 22 November 1971, which awards the applicant the CIB.  The headquarters on the order is a headquarters other than that which the applicant was assigned and in a different location from the applicant's unit of assignment.  The order does not contain the official seal used to authenticate orders.

7.  The applicant's records also contain a 6 February 1994 letter the applicant wrote to the then Vice President of the United States, in which he sought assistance to obtain awards of the Purple Heart and the CIB.  He asserted at that time that he had performed duties as a radio-telephone operator (RTO) with infantry units in Vietnam and that he had been wounded by shrapnel in November 1971.  He asserted that at the time of his departure from the Army, he complained that his records (DD Form 214) did not contain any mention of entitlement to a Purple Heart and CIB and the noncommissioned officer in charge dismissed him.

8.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

9.  Army Regulation 672-5-1, in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning award of the AGCM.  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years, but more than 1 year, qualifies for award of the AGCM.  Disqualification for award of the AGCM requires specific action by the commander in writing, to disqualify a member and it must be referred to the individual for comment.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm) Unit Citation and participated in four campaigns during the period the applicant was assigned.  One bronze star is authorized for wear on the VSM for each campaign. 

CONCLUSIONS:

1.  Although the applicant has submitted an unofficial copy of an order awarding him the CIB, the information contained in the order is not consistent with the evidence of record.  The evidence of record fails to show that he was ever assigned to an Infantry/Advisory unit or that he performed duties with such units as either an infantryman or an RTO.  His records also fail to show that he was ever awarded the military occupational specialty of an infantryman.  Accordingly, the Board finds that the order is not valid and there is no basis to award him the CIB.

2.  However, the Board does find that his record is absent of evidence to disqualify him for award of the AGCM; therefore, the Board finds that absent such disqualifiers, he should be awarded the AGCM for the period of 10 September 1970 through 3 March 1972.

3.  Additionally, he should be awarded the RVNGC w/Palm Unit Citation, four bronze service stars for wear on his already awarded VSM and his records should reflect his award of the Sharpshooter Marksmanship Badge with Rifle Bar (M-16).

4.  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 awarding him the AGCM for the period of 10 September 1970 through 3 March 1972, the RVNGC w/Palm Unit Citation, four bronze service stars for wear on his already awarded VSM and by showing that he was awarded the Sharpshooter Marksmanship Badge with Rifle Bar (M-16).

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

BOARD VOTE:  

__sac ___  ___rks __  __au____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2002078256	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/02/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111/CIB	
2.		
3.		
4.		
5.		
6.