PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 23 MAY 2002
         DOCKET NUMBER: AR2002069517


         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Mark D. Manning		Chairperson
Mr. Lester Echols		Member
Ms. Karen Y. Fletcher		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 award of the Army Good Conduct Medal, a second award of the Army Commendation Medal, the Vietnam Service Medal with 2 or 3 bronze service stars, the Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Bronze Star Medal, and the Combat Infantryman Badge (CIB).

3. The applicant states that the Bronze Star Medal for meritorious service and the Combat Infantryman Badge were omitted from his DD Form 214. He received those awards for combat service, to include combat service during TET in 1968.

4. The applicant’s military records show that he enlisted in the Army for three years on 2 November 1967, completed training, and in April 1968 was assigned to the 3d Battalion, 21^st Infantry of the 196^th Infantry Brigade in Vietnam as a light vehicle driver, MOS (Military Occupational Specialty) 64B20. He was promoted to pay grade E-4 in November 1968. He was awarded the Army Commendation Medal for meritorious service for the period April 1968 to April 1969. The applicant completed his tour in Vietnam and in May 1969 was assigned to Fort Ord, California. He participated in four campaigns during his tour in Vietnam (Vietnam Counteroffensive, Phase IV; Vietnam Counteroffensive, Phase V; Vietnam Counteroffensive, Phase VI; Tet 69 Counteroffensive, 1969). The unit to which he was assigned was awarded the Navy Unit Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm for its actions during his assignment to that unit. The applicant was released from active duty on 31 August 1970. His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Sharpshooter Qualification Badge with rifle bar, and Army Commendation Medal. It does not reflect any of the awards which he is requesting. The applicant’s DA Form 20 reflects only award of MOS 64B20. That form does not show that the applicant was assigned duty other than that of a light vehicle driver while in Vietnam.

5. The Unit Citation and Campaign Participation Credit Register (DA Pamphlet 672-3) lists unit citation badges awarded during the Vietnam War. The unit to which the applicant was assigned in Vietnam is not listed as having been awarded the Presidential Unit Citation, the Meritorious Unit Commendation, or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The primary requirement for award of this, or any decoration, is that a formal recommendation must be prepared and administratively entered into official military channels by someone having witnessed or with knowledge of the act, achievement, or service to be honored.

7. Paragraph 3-16 of that regulation provides the criteria for award of the Army Commendation Medal, and states that medal is awarded to any member of the Armed Forces who distinguishes himself by heroism, meritorious achievement, or meritorious service.

8. There are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. Although the exigencies of combat may require non-infantry soldiers to temporarily perform the basic infantry duties that all soldiers are taught, it is not a basis for the award of the Combat Infantryman Badge.

9. The Army 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. There is no evidence nor has the applicant provided any, to show that he was awarded or recommended for award of the Bronze Star Medal or for a second award of the Army Commendation Medal. He is not entitled to those awards.

2. There is likewise no evidence that the applicant was awarded an infantry MOS or that he was an infantryman. He may have performed infantry duties as he contends, but that is not a basis for award of the CIB. He is not entitled to that award.

3. DA Pamphlet 672-3 does not show award of the PUC, MUC, or the Republic of Vietnam Civil Actions Honor Medal First Class to the applicant’s organization, the 3d Battalion, 21^st Infantry, or its assigned units, during the period the applicant was assigned to that organization. He is not entitled to those awards.

4. The applicant served his country faithfully and honorably. He is entitled to award of the Army Good Conduct Medal.

5. The applicant participated in four campaigns during his tour in Vietnam. He is entitled to award of the Vietnam Service Medal with four bronze service stars (one for each campaign).

6. The applicant is entitled to award of the Navy Unit Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

7. 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 showing that the individual concerned was awarded the Army Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Navy Commendation Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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

BOARD VOTE:

__MDM__ __LE ___ __KYF __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Mark D. Manning_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069517
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020523
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.	46
3.
4.
5.
6.