ABCMR Proceedings (cont)                                                        AR2002081845

PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 March 2003
	DOCKET NUMBER:   AR2002081845

	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. William Blakley | | Analyst

  The following members, a quorum, were present:

| Ms. Joann H. Langston | | Chairperson
| Mr. Raymond V. O’Connor | | Member
| Ms. Eloise C. Prendergast | | 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 his military records be corrected to show award of the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that his separation document (DD Form 214) does not include the CIB as an authorized award.  In support of his application, he submits a copy of his DD Form 214 and a copy of the general orders that awarded him the Bronze Star Medal with “V” Device. 

4.  The applicant’s military records show that on 20 October 1969, he was honorably discharged by reason of expiration term of service, after completing 
3 years of active military service. 

5.  The separation document (DD Form 214) issued to and authenticated by the applicant with his signature on the date of his separation, confirms that he held the rank and pay grade of sergeant/E-5 (SGT4/E-5) and that he was serving in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  It also shows that during his active duty tenure, he earned the following awards:  Bronze Star Medal with “V” Device; Purple Heart with Oak Leaf Cluster; Army Commendation Medal; National Defense Service Medal; Vietnam Service Medal with 3 bronze service stars; and the Republic of Vietnam (RVN) Campaign Medal with 60 device.

6.  The applicant’s Enlisted Qualification Record (DA Form 20) that he served in the RVN from 11 April 1967 to 2 June 1967.  Upon his arrival in the RVN, he was initially assigned to B Company, 1^st Battalion, 27^th Infantry Regiment, 25^th Infantry Division, and he performed duties in MOS 11B as a Rifleman.  Item 40 (Wounds) of this record confirms that he was wounded in action on 18 April 1967, while serving in this infantry company.  

7.  The applicant’s Official Military Personnel File (OMPF) contains no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served during his tenure on active duty.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years; however, in the case of the first award, the qualifying period is 1 or more years when it is awarded at the termination of a period of Federal military service.  There is no automatic entitlement to the AGCM; however, disqualification must be justified.

9.  Chapter 8 of the awards regulation contains guidance on awarding Badges and Tabs.  Paragraph 8-6 contains the criteria for awarding the CIB.  It states, in pertinent part, that there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat. 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This document shows that during his assignment tenure, the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to the CIB and it finds this claim has merit.  By regulation, there are three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat. 

2.  The evidence of record confirms that the applicant served in an infantry company, performing infantry duties in MOS 11B as a Rifleman from 11 April  through 3 June 1967.  It further confirms that while serving in this unit, he was wounded in action on 18 April 1967, and received the Purple Heart as a result.  Therefore, the Board finds the regulatory burden of proof necessary to award the CIB has been met in this case, and that it would be appropriate to add this award to the applicant’s record at this time. 

3.  Lacking any derogatory information on file in the applicant’s record or a specific disqualifying action from any of his active duty unit commanders, the Board concludes the applicant served a qualifying period of honorable service that entitles him to receive the first award of the AGCM.  In addition, the Board finds that his service in the RVN entitles him to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the Board finds that it would also be appropriate to add these awards to his record at this time.

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 by awarding the individual concerned the Combat Infantryman Badge and the first award of the Army Good Conduct Medal; by showing he is entitled to Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that includes these changes.

BOARD VOTE:  

___JHL__  __RVO__  __ECP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston__
		        CHAIRPERSON

INDEX

CASE ID | AR2002081845
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 2003/03/27
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. | 107.0111
2. |
3. |
4. |
5. |
6. |