PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 October 2002
         DOCKET NUMBER: AR2002072560


         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. Fred N. Eichorn		Chairperson
Ms. Shirley Powell		Member
Mr. Elzey J. Arledge		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 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, the Air Medal for combat assaults, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with three bronze service stars, the Combat Infantryman Badge and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. He also requests correction of his records to show an unspecified medal for service in Germany.

3. The applicant states that he should have been awarded the Combat Infantryman Badge due to his combat service as an "11B" [light weapons infantryman]. He claims that Company C, 2nd Battalion, 1st Infantry, 196th Light Infantry Brigade (LIB) earned the Meritorious Unit Commendation, the Presidential Unit Citation and other Vietnamese medals. In support of his application, the applicant submits a copy of his DD Form 214 and DD Form 215 (Correction to DD Form 214).

4. The applicant’s military records show that he was inducted in the Army on 24 April 1969. He completed basic combat training at Fort Benning, Georgia, and was assigned to Fort Polk, Louisiana, for advanced individual training (AIT). At the conclusion of AIT, he was awarded military occupational specialty (MOS) 11B. He was further assigned to Fort Dix, New Jersey, where he completed training in MOS 11E (armor crewman). He served in Germany from 20 September 1969 through 20 August 1970 and Vietnam from 5 October 1970 through 22 December 1970 and was honorably released from active duty on 2 February 1971.

5. The applicant's DD Form 214 does not show the Bronze Star Medal, the Air Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with three bronze service stars, the Combat Infantryman Badge or the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for award of the Bronze Star Medal. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

7. There are no flight hours recorded in the applicant’s personnel records. There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal.

8. 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 does not show that, at the time of the applicant’s assignment to the 2nd Battalion, 1st Infantry, 196th LIB, the unit was cited for award of the Presidential Unit Citation, the Meritorious Unit Commendation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

9. The applicant provided a copy of DD Form 215, dated 17 December 1971, which shows he was authorized the Vietnam Service Medal with one bronze service star.

10. Records show the applicant served in Vietnam from 5 October 1970 through 22 December 1970.

11. Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in one campaign of the Vietnam War.

12. The applicant's DA Form 20 shows he was awarded MOS 11B and served as a rifleman with Company C, 2nd Battalion, 1st Infantry, 196th Brigade during his tour in Vietnam.

13. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

14. Review of the applicant's records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, there is insufficient evidence upon which to award the Bronze Star Medal in this case.

2. The Board considered the applicant's request for one award of the Air Medal for combat assaults. However, there is no evidence of record which shows the applicant participated in combat assaults. Therefore, there is no basis for correcting his records to show award of the Air Medal.

3. The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show that the applicant's unit, the 2nd Battalion, 1st Infantry, 196th LIB, was cited for award of the Presidential Unit Citation, the Meritorious Unit Commendation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, there is no basis for correcting his DD Form 214 to show these awards.

4. The DD Form 215, dated 17 December 1971, shows the applicant was authorized the Vietnam Service Medal with one bronze service star.

5. Evidence of record shows the applicant participated in one campaign during his assignment in Vietnam. Therefore, there is no basis for correcting the applicant's DD Form 214 to show award of three bronze service stars for wear on his Vietnam Service Medal.

6. Evidence of record shows that the applicant was awarded an infantry MOS and served in an infantry duty position during combat in Vietnam. Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

7. 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.

8. The Board considered the applicant's request for an unspecified medal for his service in Germany. However, there is no evidence of record which shows he is entitled to any additional awards. Therefore, there is no basis for granting the applicant's request.
9. 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 by showing the individual concerned was awarded the Combat Infantryman Badge and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

FNE_____ SP_____ EJA_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002072560
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021022
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.