Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002067379C070402
Original file (2002067379C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 28 March 2002
         DOCKET NUMBER: AR2002067379

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Lester Echols Member
Mr. Thomas Lanyi Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


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 (CIB).

APPLICANT STATES: That he submits in support of his request a copy of his DD Form 214.

EVIDENCE OF RECORD: The applicant's military records show:

That he was inducted into the Army of the United States on 10 July 1968. He completed basic and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He served in the Republic of Vietnam (RVN) from 8 December 1968-7 December 1969
with the 14th Security Platoon, 14th Aviation Battalion (Combat).

The applicant's campaigns includes the RVN Counteroffensive, Phase VI; Tet Counteroffensive 1969; RVN Summer-Fall 1969; and RVN Winter-Spring 1970.

On 9 July 1970, the applicant was honorably released from active duty. His DD Form 214, in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was authorized award of the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal and the Marksmanship Badge (Rifle). There is no evidence that the applicant was ever awarded the CIB.

Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) 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.

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.




Army Regulation 600-8-22 also authorizes award of a bronze service star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

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 was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 8 February 1962-28 March 1973 by Department of the Army General Orders Number 8, dated 1974. The applicant's DD Form 214 does not show this award because it was issued after he had been released from active duty.

For Vietnam service, one overseas service bar is authorized for each period of
6 months of active Federal service as a member of the U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. There is no evidence available that shows the applicant served in an infantry MOS in operations against enemy forces while assigned or attached to an infantry unit in the RVN. The applicant served in an infantry MOS while assigned to the RVN; however, he did not serve in an infantry unit in combat operations against the enemy.

3. The applicant is entitled to have his DD Form 214 administratively corrected to show that he was awarded the GCMDL, the RVN Gallantry Cross with Palm Unit Citation, two Overseas Service Bars and four BSS's for wear on the Vietnam Service Medal.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE
: Request that the Army Review Boards Agency, Support Division, St. Louis furnish the individual concerned a DD Form 215, (Correction to DD Form 214) to show in Item 24 that he was awarded the GCMDL, the RVN Gallantry Cross with Palm Unit Citation, two Overseas Service Bars and four BSS's for wear on the Vietnam Service Medal.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__FNE__ ___LE __ ___TL___ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002067379
SUFFIX
RECON
DATE BOARDED 20020328
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 19700709
DISCHARGE AUTHORITY AR635-200
DISCHARGE REASON A03.00
BOARD DECISION (DENY with a NOTE)
REVIEW AUTHORITY
ISSUES 1. 107.0111
2.
3.
4.
5.
6.

The available records also shows that he performed duties associated with his MOS until he returned to the United States.

Similar Decisions

  • ARMY | BCMR | CY2001 | 2001064087C070421

    Original file (2001064087C070421.rtf) Auto-classification: Approved

    The applicant's DD Form 214 does not show that he was awarded the PH. His DD Form 214 also does not show award of the Good Conduct Medal (GCMDL) and there is no evidence that he was ever denied the award. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show award of the PH, the GCMDL, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal, First...

  • ARMY | BCMR | CY2002 | 2002066760C070402

    Original file (2002066760C070402.rtf) Auto-classification: Approved

    Therefore, the applicant should be issued a new certificate to show that he was awarded the BSM for meritorious achievement while serving in the RVN from 9 September 1971 through 2 March 1972. The applicant is also entitled to have his DD Form 214 corrected to show award of the GCMDL for his honorable period of service from 16 October 1969-26 March 1972, two BSS's, and the Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 through 9 October 1971. That all of the...

  • ARMY | BCMR | CY2002 | 2002077656C070215

    Original file (2002077656C070215.rtf) Auto-classification: Approved

    The applicant's DD Form 214 does not show this award as an authorized award because it was awarded to his unit after he had been separated. To be awarded the Purple Heart, the applicant would have to show that he was wounded and that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. That all of the Department of the Army records related to this case be corrected by issuing to the...

  • ARMY | BCMR | CY2007 | 20070008364C071108

    Original file (20070008364C071108.doc) Auto-classification: Approved

    Section 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Purple Heart. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart for wounds...

  • ARMY | BCMR | CY2013 | 20130007043

    Original file (20130007043.txt) Auto-classification: Approved

    There is no evidence that shows the applicant was awarded the Combat Infantryman Badge. c. He received two awards of the Army Commendation Medal (one for meritorious achievement and one for meritorious service) in the RVN during the period January to November 1970. d. Thus, the available evidence supports award of the Combat Infantryman Badge in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by; a. awarding him...

  • ARMY | BCMR | CY2001 | 2001063683C070421

    Original file (2001063683C070421.rtf) Auto-classification: Denied

    I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. The evidence of record substantiates that the applicant’s record should be corrected to reflect the award of four BSSs for wear on his VSM, the RVN Gallantry Cross with Palm...

  • ARMY | BCMR | CY2002 | 2002078603C070215

    Original file (2002078603C070215.rtf) Auto-classification: Approved

    The citation for award of the BSM submitted by the applicant is consistent with the Americal Division's standard citation for award of the BSM for meritorious service during the period. The applicant is also entitled to have his DD Form 214 corrected to show award of the GCMDL for his honorable period of service from 27 September 1967-29 July 1969, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and 4 BSS for wear on his VSM. That all of the Department of the Army...

  • ARMY | BCMR | CY2005 | 20050002470C070206

    Original file (20050002470C070206.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 January 2006 DOCKET NUMBER: AR20050002470 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. There are no orders or other evidence authorizing award of this decoration to the applicant. The applicant is authorized award of three BSS's to be worn on the VSM to represent the campaigns in which he participated...

  • ARMY | BCMR | CY2002 | 2002067769C070402

    Original file (2002067769C070402.rtf) Auto-classification: Approved

    Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. The applicant was wounded in Vietnam on 23 November 1967. During his first period of service in the AUS, the applicant qualified for award of...

  • ARMY | BCMR | CY2002 | 2002077526C070215

    Original file (2002077526C070215.rtf) Auto-classification: Approved

    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. 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 Army Commendation Medal (ARCOM) and two bronze service stars (BSS's) for his Vietnam Service Medal (VSM). The applicant’s military records show that he was inducted into...