PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 July 2002
         DOCKET NUMBER: AR2002069926


         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:

Ms. Karol A. Kennedy		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Raymond J. Wagner		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 Good Conduct Medal (GCMDL), the Combat Infantryman Badge (CIB), the Army Commendation Medal (ARCOM) with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Auto Rifle Bar, and the Marksman Marksmanship Qualification Badge with Machine Gun Bar.

3. The applicant states, in effect, that these awards are not shown on his DD Form 214. He submits a copy of his DD Form 214, four orders, a newspaper article, and a copy of his DA Form 20 (Enlisted Qualification Record) in support of his application.

4. The applicant’s military records show that he was inducted in the Army on 11 January 1968. He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He served in Vietnam from 10 June 1968 through 7 June 1969 and was honorably released from active duty on 9 January 1970.

5. The applicant's DD Form 214 does not show the GCMDL, the CIB, the ARCOM with "V" Device, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, the Marksman Marksmanship Qualification Badge with Auto Rifle Bar, or the Marksman Marksmanship Qualification Badge with Machine Gun Bar as authorized awards. However, his discharge document shows the entry "MKM (M-14)" which is the Marksman Marksmanship Qualification Badge with Rifle Bar. Therefore, the Marksman Marksmanship Qualification Badge with Rifle Bar will not be further discussed in these proceedings.

6. There is no evidence in the applicant's personnel records that he was recommended for or awarded the GCMDL. However, his records show one nonjudicial punishment for being AWOL from 3 October to 5 October 1969. His DD Form 214 shows three days of lost time in item 30 (Remarks).

7. The applicant's DA Form 20 shows he was assigned to Company C, 1st Battalion, 12th Infantry in duty MOS 11B during his assignment in Vietnam. An excerpt from a newspaper article submitted by the applicant cited that, "He [applicant] holds the Combat Infantryman Badge."

8. The applicant's DD Form 214 shows entitlement to the ARCOM. Item 41 (Awards and Decorations) on his DA Form 20 shows the ARCOM was awarded to him by Headquarters, 4th Infantry Division General Orders Number 5807. However, the applicant provided a copy of 4th Infantry Division General Orders Number 5807, dated 7 November 1968, which awarded him the ARCOM with "V" Device for actions on 25 August 1968 in Vietnam.
9. 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 1st Battalion, 12th Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 3, dated 1970.

10. The applicant's personnel records contain 3d Advanced Individual Training Brigade Special Orders Number 54, dated 11 April 1968, which awarded him the Marksman Marksmanship Qualification Badge with Auto Rifle Bar.

11. His records also contain 3d Advanced Individual Training Brigade Special Orders Number 63, dated 18 April 1968, which awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar.

12. A review of the applicant's records revealed that he is entitled to the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his discharge document.

13. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His DA Form 20 shows he received credit for participation in the Vietnam Counteroffensive, Phase IV and the Vietnam Counteroffensive, Phase IV campaigns. Appendix B of Army Regulation 600-8-22 (Military Awards) shows he was also entitled to credit for participation in the Vietnam Counteroffensive, Phase VI and the Tet 69 Counteroffensive campaigns during his tour in Vietnam.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 1st Battalion, 12th Infantry, that unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 53, dated 1970.

15. Army Regulation 600-8-22 provides that the GCMDL 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 GCMDL, disqualification must be justified.

16. Army Regulation 600-8-22 provides, in pertinent part, that the CIB 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

17. 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.

CONCLUSIONS:

1. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the first award of the GCMDL. However, the Board determined that the applicant's nonjudicial punishment and period of AWOL disqualified him for award of the GCMDL. Therefore, there is no basis for awarding him the GCMDL.

2. Evidence of record shows that the applicant was awarded an infantry MOS. The applicant’s records show that he served in an infantry duty position in an infantry unit of regimental or smaller size in combat in Vietnam. Therefore, he is entitled to award of the CIB and correction of his records to show this badge.

3. The applicant's DD Form 214 shows the ARCOM as an authorized award. However, orders show he was awarded the ARCOM with "V" Device for actions on 25 August 1968. Therefore, he is entitled to correction of his records to show award of the ARCOM with "V" Device.

4. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show this foreign unit award.

5. Orders show the applicant was also awarded the Marksman Marksmanship Qualification Badge with Auto Rifle Bar and the Marksman Marksmanship Qualification Badge with Machine Gun Bar. Therefore, he is entitled correction of his records to show these badges.

6. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment. Therefore, in accordance with the governing regulation, he is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.

7. While the applicant was assigned to the 1st Battalion, 12th Infantry, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 will be amended to show this unit citation.

8. 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 ARCOM and 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 CIB, the ARCOM with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge with Auto Rifle Bar, the Marksman Marksmanship Qualification Badge with Machine Gun Bar, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:

KAK_____ AAO____ RJW____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Karol A. Kennedy______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069926
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020702
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.