PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 May 2002
         DOCKET NUMBER: AR2002068189


         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:

Mr. Fred N. Eichorn		Chairperson
Mr. Walter T. Morrison		Member
Mr. Christopher J. Prosser		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.

---

2. The applicant requests award of the Combat Infantryman Badge (CIB).

3. The applicant states in effect, that he served in five campaigns while assigned to the Republic of Vietnam (RVN). However, he was not awarded the CIB for his actions.

4. The applicant’s military records show that he entered active duty on 31 July 1967 for 3 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 36K20 (Field Wireman). His MOS was later changed to 17E20 (Searchlight Crewman).

5. The applicant’s record shows that he was awarded the Expert Badge with Rifle Bar by Special Orders #222, dated 14 September 1967 from Headquarters, United States Army Training Center, Fort Campbell, Kentucky.

6. On or before 9 January 1968, the applicant departed for the RVN. He was assigned to Headquarters and Headquarters Battery, 5^th Battalion, 2^nd Artillery as a wireman. He was also assigned to Battery I (Searchlight), 29^th Artillery as a wireman and as a radiotelephone operator.

7. The applicant departed the RVN in April 1970. On 6 April 1970, he was released from active duty and transferred to the U. S. Naval Reserve. He completed 2 years, 8 months and 6 days of creditable active service. His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows that he was awarded the Good Conduct Medal, the Army Commendation Medal, the Vietnam Service Medal, the National Defense Service Medal and the Vietnam Gallantry Cross with Palm. It does not show the award of the CIB.

8. There are no orders in the applicant’s service personnel record, which show that he was awarded the CIB. There also is no evidence in his service record that shows he was recommended for the award of the CIB and no evidence that he held the required MOS.

9. The applicant’s Enlisted Qualification Record (DA Form 20) item 41, shows
that he was awarded the Expert Badge with Rifle Bar, the Vietnam Campaign
Medal and 4 Overseas Service Bars. However, these awards are not reflected on his DD Form 214.

10. His DA Form 20 also shows that he served in the RVN from January 1968 through April 1970. However, his DD Form 214 does not show the award of
4 Overseas Services Bars.

11. The applicant’s record shows that he served in the RVN from 6 January 1968 through 4 April 1970, serving through eight campaigns – Vietnam Counter Offensive, Phase III from 1 June 1967 through 29 January 1968; Tet Counter Offensive from 30 January 1968 through 1 April 1968; Vietnam Counter Offensive, Phase IV from 2 April 1968 through 30 June 1968; Vietnam Counter Offensive, Phase V from 1 July 1968 through 1 November 1968; Vietnam Counter Offensive, Phase VI from 2 November 1968 through 22 February 1969; Tet 69 Counter Offensive, 1969 from 23 February 1969 through 8 June 1969; Vietnam Summer-Fall 1969 from 9 June 1969 through 31 October 1969 and Vietnam Winter-Spring 1970 from 1 November 1969 through 30 April 1970.

12. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. The evidence of record also shows that the applicant participated in eight campaigns during his assignment in Vietnam. His participation in eight campaigns entitled him to the award of one silver service star and three bronze service stars. However, the award of the silver star and the three bronze stars are not reflected on his DD Form 214.

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. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Headquarters and Headquarters Battery, 5^th Battalion, 2^nd Artillery was awarded the Meritorious Unit Commendation Unit Citation, for the period 5 April 1967 – 30 September 1968, based on the Department of the Army General Orders #60, dated 1969.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Headquarters and Headquarters Battery, 5^th Battalion, 2^nd Artillery was awarded the RVN Civil Action Honors Medal, First Class Unit Citation, for the period 2 December 1966 – 15 January 1971, based on the Department of the Army General Orders #51, dated 1971.

16. 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.

17. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

CONCLUSIONS:

1. There is no evidence that the applicant was ever awarded an infantry MOS or was assigned to an Infantry company. Rather, his record shows that he was assigned to an Artillery unit and his MOS at the time was 36K20 and 17E20 while in the RVN. Therefore, the applicant did not meet the criteria for the award of the CIB.

2. The evidence of record shows that Special Orders #222, dated 14 September 1967 awarded the applicant the Expert Badge with Rifle Bar. The evidence of record also shows that the applicant served in the RVN during eight campaigns, entitling him to one silver service star and three bronze service stars to wear with his Vietnam Service Medal. Therefore, correction of the applicant’s DD Form 214 to show these awards is appropriate.

3. The Board notes that the applicant is entitled to the award of the Vietnam Campaign Medal for his service in the RVN. Therefore, based on the evidence of record, the applicant is entitled to correction of his DD Form 214 to show this award.

4. The applicant’s unit was awarded the Meritorious Unit Commendation Unit Citation and the RVN Civil Actions Honor Medal, First Class Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these citations.

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 award of the Expert Badge with Rifle Bar, four Overseas Service Bars, the Vietnam Service Medal with one silver service star and three bronze service stars, the Vietnam Campaign Medal, the Meritorious Unit Commendation Unit Citation and the RVN Civil Action Honors Medal, First Class Unit Citation.

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

BOARD VOTE:

__fne___ __wtm___ __cjp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002068189
SUFFIX
RECON
DATE BOARDED	20020502
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.
3.
4.
5.
6.