PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 April 2003       
	DOCKET NUMBER:   AR2002080399

	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. Wanda L. Waller | | Analyst

  The following members, a quorum, were present:

| Mr. Arthur A. Omartian | | Chairperson
| Mr. Thomas B. Redfern | | Member
| Mr. Thomas E. O'Shaughnessy | | 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 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).

3.  The applicant states that he was given the CIB as the result of his service in Vietnam.  However, he never received the certificate and the badge is not shown on his DD Form 214. 

4.  The applicant’s military records show that he enlisted on 17 January 1966 for a period of 3 years.  He served as a clerk typist in Vietnam from 31 October 1967 through 25 October 1968 and was honorably released from active duty on 
27 October 1968.

5.  The applicant's DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.

6.  There are no orders for the Combat Infantryman Badge in the applicant's service personnel records.

7.  The applicant's military records show that he was assigned to Headquarters and Headquarters Company, 1st Brigade of the 9th Infantry Division in military occupational specialty (MOS) 71B (clerk typist) during his assignment in Vietnam.

8.  The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in three campaigns during his assignment in Vietnam.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 7 March to 22 June 1968 by Department of the Army General Orders 60, dated 1969.  This award is not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 31, dated 1969.  This award is not shown on his DD Form 214.
12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969.  This award is not shown on his DD Form 214.

13.  Army Regulation 600-8-22 (Military Awards) 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.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

15.  Army Regulation 600-8-22 provides that the Good Conduct Medal 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 Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  The Board considered the applicant's contention that he received the CIB for his service in Vietnam.  However, evidence of record shows the applicant served in MOS 71B (clerk typist) during his assignment in Vietnam. 

2.  There is no evidence of record that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base award of the CIB in this case.  

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.   

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 17 January 1966 through 27 October 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the applicant is entitled to correction of his records to show this award.

5.  The applicant's unit received the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit awards.    

6.  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 that the individual concerned was awarded the Vietnam Service Medal with three bronze service stars, the first award of the Good Conduct Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

AAO___  TBR___  TEO_______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Arthur A. Omartian__
		        CHAIRPERSON

INDEX

CASE ID | AR2002080399
SUFFIX |
RECON |
DATE BOARDED | 20030401
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. | 107.0111
2. | 107.0000
3. |
4. |
5. |
6. |