PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 August 2001
         DOCKET NUMBER: AR2001057156


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. June Hajjar		Chairperson
Mr. John T. Meixell		Member
Mr. Thomas Baxter		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge. He also requests, in effect, that the weapons on which he was qualified for be shown on his DD Form 214.

3. The applicant states, in effect, that there were several commendations to which he is entitled, but they were not added to his DD Form 214 at the time of his discharge.

4. The applicant’s military records show that he was inducted in the Army on 20 March 1968. He completed basic combat training at Fort Jackson, South Carolina, and was reassigned to Fort McClellan, Alabama, for advanced individual training (AIT). Upon completion of AIT, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He completed basic airborne training and served as a rifleman in Vietnam from 21 January 1969 through 2 September 1970. The applicant was honorably released from active duty on 2 September 1970.

5. The applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized award. His discharge document shows entitlement to the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.

6. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was awarded an infantry MOS 11B and served as a rifleman in the 196th Infantry Brigade while assigned in Vietnam.

7. The applicant’s personnel records contain U.S. Army School and Training Center, Fort McClellan, Alabama Special Orders Number 174, dated 19 July 1968, which awarded him the Expert Marksmanship Qualification Badge with
M-16 Rifle Bar.

8. The applicant’s personnel records also contain U.S. Army School and Training Center, Fort McClellan, Alabama Special Orders Number 177, dated 22 July 1968, which awarded him the Expert Marksmanship Qualification Badge with M-60 Machine Gun Bar.

9. The Board noted that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and the Vietnam Service Medal with one silver service star and one bronze service star.

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,

196th Infantry Brigade, was cited twice for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 24 August to 31 December 1969 and from 31 March to 30 June 1970 by Department of the Army General Orders Number 42, dated 1972.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant’s unit in Vietnam was cited for award of the Valorous Unit Award for actions during the period 11 August to 31 August 1969 by Department of the Army General Orders Number 43, dated 1972.

12. The applicant’s DA Form 20 shows he received credit for participation in the Vietnam Counteroffensive, Phase VI, the Tet 1969 Counteroffensive and the Vietnam Summer-Fall 1969 campaigns in item 39 (Campaigns). Table B-1 of Army Regulation 600-8-22 shows the applicant was also entitled to credit for participation in the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive and the Vietnam Counteroffensive, Phase VII campaigns during his tour in Vietnam.

13. 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.

14. Paragraph 6 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby, precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross. The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

15. 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. A silver service star is authorized in lieu of five bronze service stars to be worn on the appropriate service medal.



CONCLUSIONS:

1. Evidence of record shows the applicant served in an infantry MOS in an infantry unit during his assignment in Vietnam; therefore, he is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this badge.

2. Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with M-16 Rifle Bar and the Expert Marksmanship Qualification Badge with M-60 Machine Gun Bar. Therefore, he is entitled correction of his DD Form 214 to show these badges.

3. While the applicant was assigned to the 196th Infantry Brigade in Vietnam, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 24 August to 31 December 1969 and from 31 March to 30 June 1970. Therefore, in accordance with the governing regulation, he is entitled to two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his DD Form 214 to show these awards.

4. Evidence of record shows the applicant’s unit in Vietnam was also cited for award of the Valorous Unit Award; therefore, he is entitled to correction of his records to show this unit award.

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

6. 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 the individual concerned be corrected:

a. by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214; and

b. by showing he was awarded the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, the Expert Marksmanship Qualification Badge with M-60 Machine Gun Bar, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and the Vietnam Service Medal with one silver service star and one bronze service star.

BOARD VOTE:

JH______ JTM____ TB______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  June Hajjar___________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001057156
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010816
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.	107.0000
3.
4.
5.
6.