PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 Jnauary 2002
         DOCKET NUMBER: AR2001063996


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Ted S. Kanamine		Member
Mr. John T. Meixell		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 records to show award of the Combat Infantryman Badge and award of the Army Commendation Medal.

3. The applicant states that he received the Combat Infantryman Badge and the Army Commendation Medal but they were not placed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). In support of his application, he provided a copy of his DD Form 214, a newspaper article stating that he was awarded the Combat Infantryman Badge, and an award certificate for the Army Commendation Medal.

4. The applicant’s military records show that he enlisted for a term of three years and entered active duty on 6 April 1966. Orders show that he served in Vietnam in Company C of the 1st Battalion, 14th Infantry, of the 4th Infantry Division as a rifleman from 14 April 1968 to 10 January 1969. The applicant was medically evacuated for treatment of malaria on 11 January 1969. Subsequently he was returned early from overseas to the United States and honorably separated from active duty on 23 February 1969. The applicant’s DD Form 214 shows in item 30 (Remarks) that he was separated based on temporary records and a soldier’s affidavit.

5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows only the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

6. The applicant’s records contain 4th Infantry Division Special Orders Number 274, dated 30 September 1968 which awarded him the first award of the Combat Infantryman Badge.

7. There are no orders in the applicant’s service personnel records which show that he was awarded the Army Commendation Medal. His DA Form 20 does not show any entry in item 41 (Awards and Decorations) for award of the Army Commendation Medal.

8. The award certificate provided by the applicant shows that he received the Army Commendation Medal for meritorious service in Vietnam during the period April 1968 to April 1969. The award certificate is dated 1 April 1969 and is signed by the major general in command of the 4th Infantry Division on that date.

9. The Board also noted that the applicant’s discharge document does not show entitlement to any unit awards.

10. 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.

11. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration. This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

13. 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 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 3, dated 1970.

14. Department of the Army Pamphlet 672-3 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 53, dated 1970.

CONCLUSIONS:

1. Orders show the applicant was awarded the Combat Infantryman Badge during his service in Vietnam. Therefore, he is entitled to correction of his records to show this badge.

2. The Board noted that the award certificate for the Army Commendation Medal was prepared and signed after the applicant departed from Vietnam and that it is authenticated by the Commanding General of the 4th Infantry Division at the time in question. The Board also noted the applicant’s service personnel records were not present at the separation station when he was discharged from active duty. Based on these facts, the Board determined, as an exception to regulation, that the award certificate provided by the applicant is sufficient as a basis for correction of his records to show award of the Army Commendation Medal.

3. Orders show that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these foreign unit awards.

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 showing that the individual concerned was awarded the Combat Infantryman Badge, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

__TSK___ __JTM__ ___FNE__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Fred N. Eichorn__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001063996
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020110
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	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.