PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 April 2002
         DOCKET NUMBER: AR2002067671


         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. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Mark D. Manning		Member
Mr. Thomas Lanyi		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 he be awarded the Combat Infantryman Badge (CIB) and that his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) be corrected to show the award of the Parachutist Badge.

3. The applicant states in effect, that while assigned to the Republic of Vietnam (RVN) he served as a rifleman with the 173^rd Airborne Brigade. He further states, that he attended and completed jump school at Fort Benning, Georgia in 1966. However, his DD Form 214 does not reflect the award of the Parachutist Badge.

4. The applicant’s military record shows that on 25 October 1965, he enlisted in the Regular Army with parental consent for 3 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 31J20 (Teletype Equipment Repairman).

5. While at basic combat training the applicant was awarded the Expert Badge with Rifle Bar by Special Orders #234, dated 17 December 1965. After completion of basic airborne training at Fort Benning, Georgia the applicant was awarded the Parachutist Badge by Special Orders #154, dated 6 July 1966. However, these awards are not reflected on his DD Form 214.

6. The applicant departed for the RVN on or about 4 August 1966. He was assigned to Headquarters and Maintenance Support Company, 27^th Maintenance Battalion, 1^st Cavalry Division (Airmobile), Vietnam, as a teletype equipment repairman. He was assigned to Company C, 4^th Battalion (Airborne), 503^rd Infantry, Vietnam, as a teletype maintenance repairman. His record also shows that he was assigned to the 173^rd Airborne Brigade. He received on the job training in (MOS) 11B1P while assigned there.

7. On 24 October 1968, the applicant was released from active duty and transferred to the U. S. Army Reserve. He completed 3 years of creditable active service. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign Medal with Device 60, the Good Conduct Medal and the Purple Heart. It does not show the award of the Combat Infantryman Badge or the Parachutist Badge.

8. The applicant’s Enlisted Qualification Record (DA Form 20) item 41, shows that he was awarded the Expert Badge with Rifle Bar and 1 Overseas Service Bar. However, these awards are not reflected on his DD Form 214.




9. His DD Form 214 also shows that he served in the Republic of Vietnam for
1 year and 10 days. However, his DD Form 214 does not show the award of
2 Overseas Service Bars.

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, in pertinent part, sets forth requirements for award of the basic Parachutist Badge. Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

12. Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, 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 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole month for credit toward the overseas service bar.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 27^th Maintenance Battalion, 1^st Cavalry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 9 August 1965 – 19 May 1969, based on the Department of the Army General Orders #59, dated 1969. This unit award is not shown on his DD Form 214.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Company C, 4^th Battalion (Airborne) 503^rd Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 5 May 1965 – 26 September 1970, based on the Department of Defense General Orders #51, dated 1971. The unit award is not reflected on his DD Form 214.

15. The Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation badge are not authorized, official military personnel and historical records will indicate all awards received.

CONCLUSIONS:

1. The evidence of record shows that the applicant was assigned to an infantry unit. The evidence of record also shows that the applicant certainly may have performed combat duties and engaged in ground combat as evidence by the award of the Purple Heart. However, the applicant’s MOS was not an infantry MOS and therefore, he does not meet the criteria for the award of the Combat Infantryman Badge.

2. The evidence of record shows that Special Orders #154, dated
6 July 1966 awarded the applicant the Parachutist Badge. The evidence of record also shows that the applicant was awarded the Expert Badge with Rifle Bar. Therefore, based on the evidence of record, the applicant is entitled to correction of his DD Form 214 to show these awards.

3. The Board notes that the applicant is entitled to the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Correction of the applicant’s DD Form 214 to show this award is appropriate.

4. The Board also notes that the applicant served in the Republic of Vietnam for 1 year. Therefore, he is entitled to correction of his DD Form 214 to show the award of 2 Overseas Service Bars.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by amending the applicant’s DD Form 214 to show the Parachutist Badge, 2 Overseas Service Bars, the Expert Badge with Rifle Bar 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:

__kak___ __mdm___ __tl____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Karol A. Kennedy
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067671
SUFFIX
RECON
DATE BOARDED	20020423
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.	107.0120
3.
4.
5.
6.