PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 April 2002
         DOCKET NUMBER: AR2001065596


         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:

Mr. Walter T. Morrison		Chairperson
Mr. Curtis L. Greenway		Member
Ms. Regan K. Smith		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.

3. The applicant states that a former fellow soldier was awarded the Combat Infantryman Badge and they were assigned to the same unit. In support of his application, he submits a DD Form 214 and two letters from a former fellow soldier, a copy of his DD Form 214, and a section of his DA Form 20 (Enlisted Qualification Record).

4. The applicant’s military records show that he was inducted in the Army on 9 July 1968. He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11E (armor crewman). He served in Vietnam from 16 January 1969 through 15 January 1970 and was honorably released from active duty on 8 July 1970.

5. The applicant’s DD Form 214, which was authenticated in his own hand at the time of his separation from the Service, does not show the Combat Infantryman Badge as an authorized award.

6. There are no orders in the applicant’s personnel records which show he was awarded the Combat Infantryman Badge. His DA Form 20 shows he was assigned to Troop B, 3rd Squadron, 5th Cavalry of the 9th Infantry Division. He served as a senior scout observer in MOS 11D in this cavalry squadron throughout his tour in Vietnam. There is no evidence of record which shows he served in an infantry position with an infantry unit during active ground combat.

7. The Board noted the applicant was entitled to award of the Good Conduct Medal, the Presidential Unit Citation, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his discharge document.

8. The applicant’s personnel records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 8 October 1997, which authorized him award of the Good Conduct Medal. However, there is no evidence that the applicant’s DD Form 214 was ever amended to show this award.

9. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

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 that, at the time of the applicant’s assignment to the 3rd Squadron of the 5th Cavalry, that unit was cited for award of the Presidential Unit Citation for actions during the period 10 to 21 May 1969 by Department of the Army General Orders (DAGO) Number 9, dated 1979, amended by DAGO Number 16, dated 1972.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows that, at the time of the applicant’s assignment to Troop B, 3rd Squadron of the 5th Cavalry, that unit was cited for award of the Valorous Unit Award for actions during the period 27 to 28 June 1969 by DAGO Number 28, 1969.

12. 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 8, dated 1974.

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. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1. There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge.

2. The applicant’s Enlisted Qualification Record (DA Form 20) shows he was awarded an armor MOS and served as a senior scout observer in MOS 11D in a cavalry squadron while assigned in Vietnam. There is no evidence the applicant served in an infantry duty position or an infantry MOS during active ground combat.

3. The Board noted the statements and the copy of the DD Form 214 from the former fellow soldier in support of the applicant's claim for award of the Combat Infantryman Badge. However, these documents are not sufficient as the basis for award of the Combat Infantryman Badge, particularly since his records show he served in an armor duty position in a cavalry squadron.

4. Based on the foregoing, there is no basis for awarding him the Combat Infantryman Badge.

5. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 9 July 1968 to 8 July 1970 ending with termination of a period of Federal military service. Therefore, his DD Form 214 will be amended to show the Good Conduct Medal.

6. While the applicant was assigned to Troop B, 3rd Squadron, 5th Cavalry, that unit was awarded the Presidential Unit Citation and the Valorous Unit Award. Therefore, the applicant’s records will be amended to show these awards.

7. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his records will be amended to show this award.

8. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Good Conduct Medal, the Presidential Unit Citation, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

WTM____ CLG____ RKS____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Walter T. Morrison____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065596
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020402
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1.	107.0056
2.
3.
4.
5.
6.