PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 August 2001
         DOCKET NUMBER: AR2001053843


         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
Mrs. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Richard T. Dunbar		Member
Mr. Donald P. Hupman, Jr.		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.

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2. The applicant requests in effect, that his Armed Forces of the United States Report of Transfer or Discharge, DD Form 214, be corrected to show the awards of the Combat Infantryman Badge (CIB), the Army Commendation Medal (ARCOM), the Soldier’s Medal (SM) and the Purple Heart (PH).

3. The applicant states in effect, that he was awarded the CIB, the ARCOM and the SM, but his DD Form 214 does not show these awards. He also states that he was promised the PH. His Army records will verify the awards.

4. The applicant’s military records show that he was inducted into the Army of the United States on 20 February 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11D20 (Armor Intelligence Specialist). The highest pay grade he achieved was pay grade E-4.

5. The applicant arrived in the Republic of Vietnam (RVN) on or about 22 July
1968. He was assigned to Headquarters and Headquarters Troop, 2^nd Squadron, 1^st Cavalry Regiment, 4^th Infantry Division Vietnam as a Scout Driver. He departed the RVN on or about 20 July 1969.

6. On 19 February 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve. He completed 2 years of creditable active duty service. His DD Form 214, item 24, shows as authorized awards the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Sharpshooters Badge (Rifle), and the Expert Badge (Rifle). It does not show the CIB, the ARCOM, the SM or the PH awards.

7. There are no orders in the applicant’s service personnel record which show that he was awarded the CIB, the ARCOM, the SM or the PH. There also is no evidence in his service record that shows he was recommended for award of the CIB, the ARCOM, the SM or the PH.

8. Filed in the applicant’s official military record is DA Form 2658 (Health Record – Abstract of Service), which shows that he was treated on two separate occasions. The first entry was on 31 July 1968, while he was serving in the RVN.
The second entry shows that he received medical treatment from 5 September to
12 December 1969, which was after his departure from the RVN. However, the DA Form 2658, does not indicate if his treatments were from an injury that resulted from hostile action.

9. The applicant’s Personnel Qualification Record, DA Form 20, does not show any entry in item 40 (Wounds).
10. There is no indication in the applicant’s personnel record that shows he was awarded the Army Good Conduct Medal (AGCM). There also is no evidence that the applicant was disqualified by his unit commander for the AGCM. His record shows that he received excellent conduct and efficiency ratings during his entire period of service. There is no evidence of derogatory information contained in the available record.

11. 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.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Army Commendation Medal is awarded to any member of the Armed Forces of the United States, while serving in any capacity with the Army, who distinguishes himself by heroism, meritorious achievement or meritorious service. The award may be made to any individual recommended for the award.

13. Army Regulation 600-8-22 also provides, in pertinent part, that the Soldier’s Medal is awarded for distinguished heroism not involving conflict with the enemy. The action must have involved personal danger or hazard and the voluntary risk of life. The same degree of heroism is required as for the award of the Distinguished Flying Cross. Awards are not to be based solely upon the saving of a life. The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty. The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his comrades or from other persons in similar circumstances.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

15. Army Regulation 600-8-22 provided, in pertinent part, that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and for the first award only, upon termination of service on or after 27 June 1950, or less than
3 years but more than 1 year. At the time, a soldier’s conduct and efficiency rating must have been rated as “excellent” for the entire period of qualifying service.

16. 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 8, dated 1974.

17. The applicant’s record shows he served in the RVN from 22 July 1968 through 20 July 1969, serving through four campaigns – Vietnam Counter Offensive, Phase V from 1 July 1968 through 1 November 1968; Vietnam Counter Offensive, Phase VI from 2 November 1968 through 22 February 1969; Tet 69 Counter Offensive, 1969 from 23 February 1969 through 8 June 1969 and Vietnam Summer-Fall 1969 from 9 June 1969 through 31 October 1969.

18. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, it does not show four bronze service stars for wear on his Vietnam Service Medal which denotes his participation in four Vietnam campaigns.

CONCLUSIONS:

1. The evidence of record shows that while the applicant held a combat MOS (Armor Intelligence Specialist), it was not an infantry MOS. While he certainly may have performed combat duties and may have supported the infantry unit in which he served to the extent of being involved in ground combat with the enemy while in Vietnam, those duties do not qualify him for award of the CIB. Therefore, the applicant did not meet the criteria for award of the CIB. Many individuals are probably not aware of the strict requirements for award of the CIB.

2. There is no evidence in his record, nor has the applicant provided any evidence to support the awards of the ARCOM, the SM and the PH. The Board cannot authorize correction to official military records without supporting documentation. However, if the applicant can provide evidence that he received these awards such as, copies of orders and citations, he can apply for reconsideration.

3. The evidence of record shows that the applicant met the regulatory requirements and was eligible to receive the AGCM for the period 20 February
1968 to 19 February 1970. The evidence also shows that the applicant was assigned to a unit at the time the unit was awarded the RVN Gallantry Cross with Palm and he served in the RVN during 4 campaigns, entitling him to wear four bronze service stars on the Vietnam Service Medal.
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 the individual concerned the AGCM for the period
20 February 1968 through 19 February 1970.

2. That the applicant’s DD Form 214 be amended to show the award of the AGCM, the Republic of Vietnam Gallantry Cross with Palm and the Vietnam Service Medal with 4 bronze service stars.

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

BOARD VOTE:

__jns___ __rtd___ __dph___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           John N. Slone
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001053843
SUFFIX
RECON
DATE BOARDED	20010828
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.	107.0020
3.	107.0010
4.	107.0015
5.
6.