PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 July 2002
         DOCKET NUMBER: AR2002068128


         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. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Raymond J. Wagner		Member
Mr. Arthur A. Omartian		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 (Report of Transfer or Discharge) to show that he was awarded the Combat Infantryman Badge and the Army Commendation Medal for heroism.

3. The applicant states that his DD Form 214 does not show the Combat Infantryman Badge. He was an infantryman and was awarded the Army Commendation Medal for heroism; however, this award is also not shown on his DD Form 214. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show he was inducted on 8 February 1968,
as a light weapons infantryman. He served in Vietnam from 11 July 1968 to
6 September 1969, and was released from active duty on 9 September 1969.

5. His discharge document does not show the Combat Infantryman Badge or the “V” device for the Army Commendation Medal as authorized awards.

6. There are no orders in the applicant’s personnel records which show that he was awarded the Combat Infantryman Badge. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served as a light weapons infantryman (11B) with Company D, 5th Battalion, 60th Infantry, 9th Infantry Division
during his service in Vietnam.

7. The applicant was awarded the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force while
serving in Vietnam during the period July 1968 to February 1969. This award is shown on the applicant’s DD Form 214; however, it does not show any additional awards of the Army Commendation Medal, nor does his records show that he was awarded the Army Commendation Medal for heroism.

8. The applicant’s records contain a copy of Headquarters, 9th Infantry Division General Orders 1862, dated 17 February 1969, which shows that he was awarded the Air Medal for meritorious achievement while participating in sustained aerial flight while serving in Vietnam during the period 16 November 1968 to 8 February 1969.

9. The applicant’s records contain a copy of Headquarters, 9th Infantry Division General Orders Number 7903, dated 29 June 1969, which shows that he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force while serving in Vietnam during the period September 1968 to June 1969.




10. The applicant’s records contain a copy of Headquarters, 9th Infantry Division General Orders Number 8396, dated 3 July 1969, which shows that he was awarded the Bronze Star Medal for outstanding achievement in connection with military operations against a hostile force while serving in Vietnam during the period February 1969 to June 1969.

11. 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.

12. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) 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 43, dated 1970.

14. This pamphlet also shows that his unit was cited for award of the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 59, dated 1969.

15. Army Regulation 600-8-22 (Military Awards) 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. After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

16. There is no evidence of derogatory information in the applicant’s records.






17. Review of the applicant’s service personnel records does not reveal that he was recommended or entitled to any other awards or decorations.

CONCLUSIONS:

1. The evidence of record shows the applicant served as a light weapons infantryman (11B) with Company D, 5th Battalion, 60th Infantry, 9th Infantry Division while serving in Vietnam. Therefore, he is entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

2. The evidence of record shows that the applicant was awarded the Air Medal, and two awards of the Bronze Star Medal. Therefore, he is entitled to correction of his records to show the Air Medal and the Bronze Star Medal (First Oak Leaf Cluster). There is no evidence of record, and none submitted by the applicant, that he received any awards for heroism.

3. The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these awards.

4. The applicant is entitled to the first award of the Good Conduct Medal for the period 8 February 1968 to 9 September 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the Combat Infantryman Badge, the Air Medal, the Bronze Star Medal (First Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the first award of the Good Conduct Medal for the period 8 September 1968 to 9 September 1969.







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

BOARD VOTE:

__kk____ __rw____ ___ao___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Karol A. Kennedy___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068128
SUFFIX
RECON
DATE BOARDED	20020702
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19690909
DISCHARGE AUTHORITY	AR .635-200
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 157
2.
3.
4.
5.
6.