PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 April 2002
         DOCKET NUMBER: AR2002068595


         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
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. JoAnn H. Langston		Chairperson
Mr. George D. Paxson		Member
Mr. Charles Gainor		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).

3. The applicant states, in effect, that he served with the 9^th Infantry Division in the Republic of Vietnam (RVN) from 1967 through 1969. He claims that he was an infantryman who participated in search and destroy missions and believes that he is entitled to the CIB. He claims that he has been diagnosed with a Post Traumatic Stress Disorder (PTSD) due to war trauma and is currently being treated as an inpatient in Hawaii for this condition. He concludes by commenting that this is a matter of pride because he served his country so honorably.

4. The applicant’s military records show that on 15 February 1967, he enlisted in the Regular Army and entered active duty. He successfully completed basic training at Fort Ord, California, and advanced individual training (AIT) at Fort Leonard Wood, Missouri. Upon completion of AIT he was awarded military occupational specialty (MOS) 12B (Combat Engineer) and he was assigned to the RVN for his first permanent duty station.

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms in Item 31 (Foreign Service) that the applicant completed two tours in the RVN. The first from 23 July 1967 through 22 July 1968 and the second from 20 March 1969 through 7 February 1970. Item 35 (Record of Assignments) verifies that during his first tour in the RVN, the applicant was assigned to Company D,
15^th Engineer Battalion, 9^th Infantry Division, performing duties in MOS 12B, as a combat construction specialist; and during his second tour he was assigned to Company D, 14^th Engineer Battalion, United States Army Pacific (USARPAC), performing duties in MOS 12B, as an assistant squad leader.

6. The applicant’s DA Form 20 also indicates that during his two tours in the RVN, he participated in 7 campaigns and Item 40 (Wounds) shows that he was wounded in action in October 1967 when he received shrapnel wounds. Item 41 (Awards and Decorations) confirms that during his tenure on active duty, he earned the following awards: National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); RVN Campaign Medal (RVNCAM); Purple Heart (PH); Army Good Conduct Medal (AGCM); 2 Overseas Bars; and Marksman Marksmanship Badge (M-14 Rifle).

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7. On 8 February 1970, the applicant was honorably released from active duty (REFRAD) after completing a total of 2 years, 11 months, and 24 days of active military service. The separation document (DD Form 214) issued and authenticated by him with his signature on the date of his REFRAD, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), that he earned the following awards during his active duty tenure: NDSM; VSM; RVNCAM; PH; AGCM; 2 Overseas Bars; and Marksman Marksmanship Badge (M-14 Rifle). The CIB is not included in this list of authorized awards.

8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-13 contains guidance on awarding the VSM and it states, in pertinent part, that
1 bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN. It also specifies that a silver service star is authorized to denote participation in five campaigns, in lieu of 5 bronze service stars.

9. Chapter 8 contains guidance on awarding Badges and Tabs. Paragraph
8-6 contains the criteria for awarding the CIB. It states, in pertinent part, that there are basically three requirements for award of the CIB: the soldier must be an infantryman, holding an infantry MOS, satisfactorily performing infantry duties; must be assigned to an infantry unit, of brigade regimental or smaller size, at such time as the unit is engaged in active ground combat; and must be personally present and actively participate in such ground combat. It further stipulates that enlisted personnel with other than an infantry MOS are not eligible for the CIB under any circumstances and that exceptions to this policy are not authorized.

10. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that the applicant’s unit earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment tenure with the unit in the RVN.

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CONCLUSIONS:

1. The Board notes the applicant’s contention that he should be awarded the CIB, based on his service with the 9^th Infantry Division in the RVN. However, it finds insufficient evidence to support this claim.

2. By regulation, in order to qualify for the CIB, a soldier must be an infantryman with an infantry MOS; a member of an infantry unit, of brigade, regimental or smaller size; and be personally present and actively participate in ground combat with the unit while it is engaged in action against the enemy. Further, enlisted personnel with an MOS other than an infantry MOS are not eligible for the CIB, regardless of the circumstances, and exceptions to this policy are not authorized.

3. The Board wishes to congratulate the applicant on his outstanding record of combat service and it recognizes that he served with an Engineer Battalion of the 9^th Infantry Division, and that he likely participated in combat operations with this unit. However, the record clearly establishes that he did not serve in an infantry unit of brigade, regimental or smaller size; and that he was performing duties in MOS 12B, as a combat engineer, and not in an infantry MOS. Thus, the Board is compelled to deny the applicant’s request for the CIB, in the interest of fairness to all those who served in the RVN and who face similar circumstances.

4. During the review of this case, the Board did discover that the applicant is entitled to awards that were not included in either his record or his separation document. The evidence of record confirms that the applicant is entitled to
1 silver service star and 2 bronze service stars for his VSM, based on his participation in 7 campaigns in the RVN. In addition, during his assignment tenure, units the applicant served with in the RVN earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. As a result, he is entitled to these unit awards. Therefore, the Board finds it would be appropriate to add these awards to his records at this time.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is entitled to 1 silver service star and 2 bronze service stars for his VSM, based on his campaign participation in the RVN, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, based on his unit service in the RVN; and by providing him a corrected separation document that reflects these changes.

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

BOARD VOTE:

JHL GDP CG GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  JoAnn H. Langston
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068595
SUFFIX
RECON
DATE BOARDED	2002/04/25
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1970/02/15
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	Overseas returnee
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 157	107.0111
3.
4.
5.
6.