MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 23 August 2001
         DOCKET NUMBER: AR2001055027

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. W. E. Schnupp		Analyst

The following members, a quorum, were present:

Mr. John H. Kern		Chairperson
Mr. Thomas Lanyi		Member
Ms. Paula Mokulis		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That he be awarded the Combat Infantryman Badge (CIB).

APPLICANT STATES: That after completing a voluntary full tour of duty in Vietnam he volunteered to extend his term of service to serve a second tour. During his second tour, he was assigned to the 525th Military Intelligence (MI) Battalion with duty as the assistant G-2 Air Advisor for the Army of the Republic of Vietnam (ARVN) First Infantry Division. During the fall of 1967, he was assigned for about two months as the Reconnaissance Company Advisor, ARVN 1st Infantry Division. While assigned as the Advisor to the Reconnaissance Company, he participated in numerous operations and came under fire. He contends that at the time his boss, the G-2 Advisor, recommended him for the CIB. He believes that he is qualified for the CIB and earned it. He says that he was physically presented with the award on/about 24 February 1968 at the 525^th MI Battalion in Vietnam but it does not appear in his records.

In support of his request, he submits a copy of his DD Form 214 (Separation Document), a copy of the orders and citation for the Republic of Vietnam Honor Medal awarded to him, a DA Form 1577 (Authorization for Issuance of Award) showing the awards that were issued to him at the direction of the National Personnel Record Center and a copy of General Order Number 22, Headquarters 525^th MI Group dated 2 March 1968 showing that he was awarded the second oak leaf cluster (OLC) to the Purple Heart.

EVIDENCE OF RECORD: The applicant's military records show:

He entered active duty on 29 November 1964. His basic branch of service was MI. He served one tour of duty in the G-2 (Intelligence) Division of the US Army Southern European Task Force in Italy as an aerial surveillance officer. He was assigned to Vietnam on or about 1 August 1966 for duty with the 55^th MI Detachment. On 26 September 1967, he requested and was granted relief from active duty concurrent with the completion of his Vietnam tour. On 26 February 1968, he was released from active duty to the US Army Reserve in the grade of captain.

Awards shown on his DD Form 214 include the Vietnam Service Medal, the National Defense Service Medal, the Vietnam Campaign Medal with device (1960), the Bronze Star Medal and the Purple Heart. On 24 January 2000, the NPRC determined that he was also entitled to one OLC to the Purple Heart and the Marksman Badge with Rifle Bar.





Evidence in his record confirms that he is entitled to all of the above mentioned awards. Additionally, there are confirmatory orders in his record showing that he was awarded a second OLC to the Purple Heart and the Vietnamese Armed Forces Honor Medal First Class.

During his active duty service, he attended the 9 week Infantry Officer Basic Course, and the US Army Intelligence School, 6 week MI Officer Orientation Course, and a 22 week Aerial Surveillance Course.

An Officer Evaluation Report (OER) for the period 14 September 1967 to 19 February 1968 shows that his principal duty at that time was G-2 Air Advisor to the 1^st ARVN Infantry Division with a major additional duty as advisor to the 1^st ARVN Infantry Division Reconnaissance Company. The rater’s portion of the report contains the comment that - for over a month, pending arrival of a new advisor, the applicant also acted as advisor to the 1^st Infantry Division Reconnaissance Company, a 70 man unit normally employed as an infantry company. He participated in several combat operations with the Reconnaissance Company, coming under hostile fire on several occasions. The indorser of that same report notes that - during the rated period the applicant also participated in field operations with the division Reconnaissance Company and the division tactical command post.

Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that to be eligible for the Combat Infantryman Badge, an individual must be an infantryman with an infantry military occupational specialty and must perform primary 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.

United States Army Vietnam (USARV) Regulation 672-1, Military Awards, Appendix V, then in effect, provides in pertinent part, that the CIB is not a battle participation badge, but is reserved for full time (30 days or more as a primary duty) advisors to infantry or infantry-type units actively participating or engaged in infantry operations. Personnel will not be assigned, detailed or attached solely for the purpose of qualifying for the award. The regulation further provides that personnel having the following primary duties are not eligible for award of the CIB although, in the performance of their duties, they may accompany infantry or infantry-type units on operations: Intelligence Advisors, Psychological Warfare Advisors, River Boat Advisors, Revolutionary Development Advisors, S2/S3 Air Advisors, Security Advisors, among others.





DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The evidence of record shows that the applicant was a MI officer throughout his Vietnam assignment. His duty positions were principally MI-type duty with the exception of a temporary period when he was an advisor to a reconnaissance company pending arrival of a new advisor. Although the Reconnaissance Company may have participated in some combat operations during the time he was with them, there is no evidence to suggest his assignment was anything more than a temporary additional duty. In fact, his OER for the period also suggests that his duty with the Reconnaissance Company was an additional duty.

2. The USARV guidance for award of the CIB provides that the CIB is not a battle participation badge, but is reserved for full time (30 days or more as a primary duty) advisors to infantry or infantry-type units actively participating or engaged in infantry operations. In the absence of evidence in the record showing that he was detailed, on orders, as an infantry-type unit advisor, there is no reason to consider his assignment with the Reconnaissance Company as anything more than temporary. As such, it does not meet the criteria for award of the CIB. Additionally, it is noted that the regulatory guidance then in effect specifically precluded certain positions, such as intelligence advisors (his primary duty), from eligibility for the CIB.

3. Notwithstanding the foregoing, his DD Form 214 should be corrected to reflect the awards to which he is entitled but that are not now reflected thereon. Specifically, he is entitled to the Purple Heart with Second OLC and the Vietnamese Armed Forces Honor Medal First Class. Accordingly, the Army Review Boards Agency Support Division will be requested to issue a correction to his DD Form 214 showing these awards.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The Army Review Boards Agency Support Division , St. Louis, is requested to issued a correction to the applicant’s DD Form 214 showing that he was awarded the Purple Heart with Second OLC and the Vietnamese Armed Forces Honor Medal First Class.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___pm___ ____jhk _ ____tl___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001055027
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010823
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.