PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 June 2002
         DOCKET NUMBER: AR2002069384


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor		Chairperson
Mr. Roger W. Able		Member
Mr. John T. Meixell		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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal with "V" Device, the Air Medal, the Army Commendation Medal with "V" Device, "Vietnam Jump Wings" [correctly known as the Republic of Vietnam Parachutist Badge], the Combat Infantryman Badge, and the Vietnam Service Medal.

3. The applicant states, in effect, that these awards were omitted from his DD Form 214 and that the error occurred "because of the times." In support of his application, he submits orders for award of the Bronze Star Medal with "V" Device and the Army Commendation Medal; a letter authorizing transmittal of award of the Purple Heart; a citation for award of the Air Medal; and a copy of his DD Form 214.

4. The applicant’s military records show that he enlisted in the Regular Army on 21 July 1965. He successfully completed basic and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He also completed basic airborne training and Special Forces training. He served in Vietnam from 17 December 1966 through 6 July 1968 and was honorably released from active duty on 9 July 1968.

5. The applicant's DD Form 214 does not show the Bronze Star Medal with "V" Device, the Air Medal, the Army Commendation Medal with "V" Device, the Republic of Vietnam Parachutist Badge, or the Combat Infantryman Badge as authorized awards. However, his discharge document does show entitlement to the Vietnam Service Medal.

6. The applicant provided a copy of the 5th Special Forces Group (Airborne), 1st Special Forces General Orders Number 744, dated 16 May 1968, which awarded him the Bronze Star Medal with "V" Device for actions on 25 March 1968 in the Republic of Vietnam.

7. The applicant also provided a copy of 5th Special Forces Group (Airborne), 1st Special Forces General Orders Number 1529, dated 30 August 1968, which awarded him the Army Commendation Medal for meritorious service during the period 18 December 1966 to 8 July 1968. There are no orders in his records which show he was awarded the Army Commendation Medal with "V" Device.

8. The applicant's service personnel records contain 5th Special Forces Group (Airborne), 1st Special Forces General Orders Number 1468, dated 21 August 1968, which awarded him the basic Air Medal for meritorious achievement while participating in aerial flight during the period 29 December 1967 to 30 June 1968.

9. There is no evidence available to the Board which shows the applicant was authorized to accept or to wear the Republic of Vietnam Parachutist Badge.
His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for award of the Republic of Vietnam Parachutist Badge. The applicant did not provide a copy of orders or an award certificate in support of his claim for this foreign award.

10. There are no orders in the applicant's personnel records which show he was awarded the Combat Infantryman Badge.

11. The applicant's DA Form 20 shows he completed basic training, and at the conclusion of AIT, he was awarded the MOS 11B. His records show that he completed Special Forces training and was awarded MOS 05B (radio operator) as his primary MOS and his MOS 11B was made his secondary MOS.

12. Item 38 (Record of Assignments) on his DA Form 20 shows he served in duty MOS 05B and was assigned to the 5th Special Forces Group (Airborne), 1st Special Forces throughout his tour in Vietnam. There is no evidence which shows his primary duty was to accompany infantry or infantry-type units on tactical operations.

13. A review of the applicant's records revealed that he is entitled to award of the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Good Conduct Medal which are not shown on his discharge document.

14. Item 39 (Campaigns) on the applicant's DA Form 20 shows he received credit for participation in the Vietnam Counteroffensive Phase II Campaign and the Vietnam Counteroffensive Phase III Campaign.

15. Records show the applicant served in Vietnam during the period 17 December 1966 through 6 July 1968 (a period of 1 year, 6 months and 22 days). His DA Form 20 shows the entry "VCM w/60 Device" in item 41, however, there is no evidence that his discharge document was amended to show the Republic of Vietnam Campaign Medal with Device (1960).

16. 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 that, at the time of the applicant's assignment to the 5th Special Forces Group (Airborne), 1st Special Forces, that unit was cited for award of the Presidential Unit Citation for actions during the period 1 November 1966 to 31 January 1968 by Department of the Army General Orders (DAGO) Number 45, dated 1969.

17. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 5th Special Forces Group (Airborne), 1st Special Forces, that unit was cited for award of the Meritorious Unit Commendation for actions during the period 31 January to 31 December 1968 by DAGO Number 70, dated 1969; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 59, dated 1969.

18. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent".

19. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.

20. Army Regulation 600-8-22 provides, in pertinent part, that foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned for the specific award. Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient.

21. Army Regulation 600-8-22 provides in pertinent part, that commanders (overseas and CONUS) serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation. The Republic of Vietnam Parachutist Badge is listed in appendix D (Foreign Badges).

22. 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.

23. U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge. Appendix 3 to Annex A of this regulation listed positions which qualified for award of the Combat Infantryman Badge. The regulation authorized award of the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

24. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, 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.

25. 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.

26. Army Regulation 600-8-22 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. 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.

CONCLUSIONS:

1. Orders show the applicant was awarded the Bronze Star Medal with "V" Device for actions on 25 March 1968; therefore, he is entitled to correction of his DD Form 214 to show this award.

2. The Board noted the applicant's request for award of the Army Commendation Medal with "V" Device; however, there is no evidence, and the applicant has provided no evidence, which shows he was awarded the Army Commendation Medal with "V" Device. Therefore, there is no basis for awarding the Army Commendation Medal with "V" Device in this case.

3. Orders show the applicant was awarded the Army Commendation Medal for meritorious service during the period 18 December 1966 to 8 July 1968. Therefore, he is entitled to correction of his records to show award of the Army Commendation Medal.

4. Orders also show that the applicant was awarded the basic Air Medal for meritorious achievement while participating in aerial flight during the period 29 December 1967 to 30 June 1968.

5. There is no evidence of record which shows that the applicant completed the Vietnam airborne course to qualify for award of the Vietnam Parachutist Badge. There is no evidence the applicant requested or was authorized to accept and wear the Vietnam Parachutist Badge. In the absence of such evidence, there is no basis to correct the applicant's records to show award of the Vietnam Parachutist Badge.

6. There is no evidence which shows the applicant was awarded the Combat Infantryman Badge. Records show the applicant successfully completed AIT and was awarded the primary MOS 11B (lights weapons infantryman). Upon completion of Special Forces training, he was awarded MOS 05B and served as a radio operator throughout his assignment in Vietnam. However, there is no evidence that the applicant's primary duty in Vietnam was to accompany infantry or infantry-type units on tactical operations. Therefore, the applicant was not eligible for award of the Combat Infantryman Badge at the time of his service in Vietnam and there is no basis for awarding him the Combat Infantryman Badge.

7. The Board noted the applicant's request for award of the Vietnam Service Medal; however, his DD Form 214 currently shows entitlement to the Vietnam Service Medal.

8. Evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

9. Records show the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his records to show this award.

10. While the applicant was assigned to the 5th Special Forces Group (Airborne), 1st Special Forces in Vietnam, this unit was cited for award of the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, the applicant's records will be amended to show these awards.
11. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 21 July 1965 through 9 July 1968 ending with termination of a period of Federal military service. Therefore, his DD Form 214 will be amended to show the Good Conduct Medal.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the individual concerned DD Form 214; and

b. by showing he was awarded the Bronze Star Medal with "V" Device, the Air Medal, the Army Commendation Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Good Conduct Medal.

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

BOARD VOTE:

RVO____ RWA_____ JTM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069384
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020620
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0014
2.	107.0018
3.	107.0020
4.	107.0111
5.	107.0073
6.