PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 February 2002
         DOCKET NUMBER: AR2001065706


         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
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Ms. Celia L. Adolphi		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, in effect, that his DD Form 214 be amended to show his military occupational specialty (MOS) as 11B and to show he was awarded the Vietnam Service Medal with two bronze service stars, one overseas service bar, the Republic of Vietnam Campaign Ribbon (RVNCM) with Device 1960, the National Defense Service Medal (NDSM), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge (CIB), the Bronze Star Medal (BSM), the Expert Qualification Badge with Pistol bar, and the Air Medal.

3. The applicant states that his MOS was changed to 11B and his last assignment was to IV Corps Vietnam Infantry Company (sic). He should be awarded the BSM based upon award of the CIB. He should be awarded the Air Medal based upon his flight time to and from assignments and missions.

4. The applicant’s military records show that he initially enlisted in the Regular Army on 16 October 1957. He completed basic combat training and advanced individual training and was awarded MOS 950.00 (Security Guard). His Service Record, DA Form 24, shows he was awarded the Expert Qualification Badges with Rifle and Pistol bars on 6 October 1959. He was released from active duty on 14 October 1960. His DA Form 24 shows that his conduct and efficiency were rated as “good” for the period 16 May – 14 October 1960. The Expert Qualification Badges with Rifle and Pistol bars are listed on his Report of Transfer or Discharge, DD Form 214, for the period ending 14 October 1960.

5. The applicant was ordered to active duty on 12 October 1961 in MOS 950.00. He reenlisted in the Regular Army on 18 December 1961 in MOS 950.00. It appears at some point he was reclassified out of MOS 950.00. He last reenlisted on 12 October 1964. Reclassification Board Findings dated 8 March 1965 indicate the applicant was reclassified from MOS 642.10 (Heavy Vehicle Driver) to MOS 711.10 (Clerk). MOS 711.10 was later redesignated MOS 71B (Clerk Typist).

6. The applicant arrived in Vietnam on or about 15 September 1965 and was assigned to U. S. Military Assistance Command, Vietnam (MACV). His Enlisted Qualification Record, DA Form 20, shows his primary MOS as 71B30 and his duty MOS as 71B30. However, he had been reclassified into MOS 11B20 on Special Orders 271, MACV dated 14 October 1965 and MOS 71B30 was withdrawn. His elimination packet shows he had served with the 9^th Air Postal Squadron in MOS 11B10 from 15 October 1965 – 15 January 1966 and with MACV Security in MOS 11B10 from 15 January – 2 February 1966. His DA Form 20 does not show him qualified in any arms (rifle or pistol). His DA Form 20 shows that his conduct was rated as “excellent” and his efficiency was rated as “good” for the period 7 October 1963 – 24 September 1965.

7. The applicant was discharged on 16 May 1966. His DD Form 214 for the period ending 16 May 1966, item 25a shows his MOS as 71B30 Clerk Typist. Item 16 shows he was awarded the Vietnam Service Medal and one overseas service bar. He had served in Vietnam during the Vietnam Defense Campaign (8 March – 24 December 1965) and the Vietnam Counteroffensive (25 December 1965 – 30 June 1966).

8. Army Regulation 600-8-22 provides for the award of the Air Medal to any person who will have distinguished himself while participating in aerial flight. It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties. However, it may also be awarded to personnel whose combat duties require them to fly in the attack elements of units involved in airland assaults against an armed enemy. Involvement in such activities serves only to establish eligibility for award of the Air Medal; the degree of heroism, meritorious achievement or exemplary service determines who should receive the award. It provides for award of the CIB to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB.

9. Army Regulation 600-8-22 provides for the award of the BSM to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy. A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

10. Army Regulation 600-8-22 provides for the award of the NDSM for honorable active service for any period between 1 January 1961 and 14 August 1974. It provides for award of one bronze service star to be worn on an authorized service medal for each credited campaign. It provides for award of the RVNCM with Device 1960 to members who served in the Republic of Vietnam for 6 months during the period 1 March 1961 – 28 March 1973.

11. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

12. Department of the Army Pamphlet 672-3 shows that Headquarters, MACV and subordinate units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 – 28 March 1973.

13. The overseas service bar is an item of uniform wear, not an award or decoration. One overseas service bar is authorized for each period of 6 months’ active federal service as a member of a U. S. Service in Vietnam from 1 July 1958 – 28 March 1973.

CONCLUSIONS:

1. The applicant had been awarded MOS 11B20 on 14 October 1965. MOS 71B30 had been withdrawn.

2. The applicant met the eligibility criteria for award of the NDSM, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device 1960.

3. The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is authorized that award.

4. The evidence of record shows the applicant qualified expert with the rifle and pistol during his first period of service and those awards are listed on his DD Form 214 for his first period of service. It would be equitable to add these awards to his last DD Form 214.

5. The overseas service bar is an item of uniform wear and not an award or decoration. However, since one overseas service bar is already listed on the applicant’s DD Form 214 it should not be deleted.

6. Even though the applicant served as an infantryman during his service in Vietnam, he did not serve with an infantry unit and it does not appear that he actively served in ground combat. His elimination packet shows he served as an 11B with the 9^th Air Postal Squadron and with MACV Security. Neither of those assignments qualify for award of the CIB.

7. It does not appear that the applicant performed combat duties which required him to fly in the attack elements of units involved in airland assaults against an armed enemy and so does not appear to meet the eligibility criteria for award of the Air Medal.

8. The applicant does not meet the eligibility criteria for award of the BSM based upon award of the CIB. He neither qualified for award of the CIB nor did he meet the required timeframe for this conversion award.
9. By receiving conduct and/or efficiency ratings of “good,” the applicant did not meet the eligibility criteria for award of the Army Good Conduct Medal.

10. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That the applicant’s DD Form 214 for the period ending 16 May 1966, item 25a be amended to read 11B20, Light Weapons Infantryman and item 26 to show he was awarded the Expert Qualification Badges with Rifle and Pistol bars, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device 1960, the National Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one overseas service bar.

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

BOARD VOTE:

__rvo___ __cla___ __jtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Raymond V. O’Connor, Jr.
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065706
SUFFIX
RECON
DATE BOARDED	20020228
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0018
2.	107.0014
3.	107.0056
4.	107.0111
5.	110.04
6.	100.00