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Decision Text

ARMY | BCMR | CY2001 | 2001065126C070421
Original file (2001065126C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 January 2002
         DOCKET NUMBER: AR2001065126


         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.


2. The applicant requests correction of his records to show award of the Combat Infantryman Badge.

3. The applicant states that he served as an infantry radio telephone operator in Vietnam and that he earned the Bronze Star Medal and the Air Medal during this service. He states that he should be entitled to the Combat Infantryman Badge.

4. The applicant’s military records show that he was inducted on 26 July 1966 and completed training as a radio telephone operator in military occupational specialty (MOS) O5B. He served in Vietnam in his MOS from 31 March 1967 through 25 March 1968 and was honorably separated from active duty on 25 July 1968.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Combat Infantryman Badge as an authorized award. His DD Form 214 shows award of the Bronze Star Medal.

6. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was assigned as a radio operator in an infantry battalion of the 1st Infantry Division during his assignment in Vietnam.

7. The applicant’s records contain 1st Infantry Division General Order 4719, dated 19 May 1968, which awarded him the Bronze Star Medal with “V” Device for his heroism in action on 3 December 1967. The narrative reason for this award states that he was a radio-telephone operator with his battalion when it was attacked by a numerically superior Viet Cong force. There are no orders for any additional awards of the Bronze Star Medal in his records.

8. The Board noted that the applicant is entitled to additional awards which are not shown on his DD Form 214.

9. 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 1st Battalion 18th Infantry, to which the applicant was assigned in Vietnam, was cited for award of the Valorous Unit Award for actions during the period 6 October 1967 through 10 December 1967 by Department of the Army General Orders Number 32, dated 1973.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also 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 21, dated 1969.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) 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.

12. 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.

13. U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge. Appendix 3 to Annex A of this regulation listed positions which qualified for award of the Combat Infantryman Badge. The regulation authorized award of the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15. Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.

CONCLUSIONS:

1. Evidence of record shows that the applicant’s MOS was O5B (radio operator) during his service in Vietnam and that he performed duties as a radio operator with an infantry unit in combat. Based on the authority in USARV Regulation 672-1 to award the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations, the applicant is entitled to award of the Combat Infantryman Badge.

2. Orders shows that the applicant was awarded the Bronze Star Medal with “V” Device for heroism in action on 3 December 1967. There is no evidence the applicant received any other awards of the Bronze Star Medal; therefore, it appears that the applicant’s DD Form 214 incorrectly shows the entry, “Bronze Star Medal.” Based on these facts, the applicant is entitled to correction of his records to show award of the Bronze Star Medal with “V” Device instead of award of the Bronze Star Medal.
3. The applicant is entitled to award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

         a. by showing the individual concerned was awarded the Combat Infantryman Badge;

         b. by deleting the award of the Bronze Star Medal from the records of the individual concerned;

         c. by showing he was awarded the Bronze Star Medal with “V” Device in stead of the Bronze Star Medal; and

         d. by showing he was awarded the Valorous Unit Award, 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




INDEX

CASE ID AR2001065126
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 (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY MR SCHNEIDER
ISSUES 1. 107.0000.0000
2.
3.
4.
5.
6.


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