PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 September 2002
         DOCKET NUMBER: AR2002074066


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Mr. Melvin H. Meyer		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.

---

2. The applicant requests award of the Combat Infantryman Badge.

3. The applicant states, in effect, that while serving in Vietnam in 1968 he was involved in several combat operations with the enemy. The applicant did not provide any evidence in support of his claim.

4. The applicant’s military records show that he was inducted on 30 September 1966. He served as a cook in Vietnam from 31 December 1967 through
22 September 1968 and was honorably released on 21 September 1968.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.

6. There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.

7. The applicant’s military records show that he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 47th Infantry of the 9th Infantry and Company D, 2nd Battalion, 47th Infantry of the 9th Infantry in military occupational specialty (MOS) 94B (cook) during his assignment in Vietnam.

8. 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” throughout his service.

9. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. Records show the applicant served in four campaigns during his assignment in Vietnam. The Board notes that the applicant is entitled to the Vietnam Campaign Medal and one Overseas Service Bar which are not shown on his discharge document.

10. 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 the unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions on 31 January 1968 by Department of the Army General Orders Number 5, dated 1969. While the applicant was still assigned to the 2d Battalion, 47th Infantry, the unit was cited for a second award of the Valorous Unit Award by Department of the Army General Orders Number 43, dated 1970, for actions during the period 6 to
12 May 1968. The second and succeeding awards of the Valorous Unit Award are denoted by award of a bronze oak leaf cluster. These awards are not shown on the applicant’s discharge document.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 31, dated 1969. This award is not shown on the applicant’s discharge document.

12. Department of the Army Pamphlet 672-3 also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969. This award is not shown on the applicant’s discharge document.

13. Army Regulation 600-8-22 (Military Awards) 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.

14. 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.

15. 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.

16. 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.

17. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

CONCLUSIONS:

1. Although the applicant contends that he is entitled to the Combat Infantryman Badge, evidence of record shows that he served in MOS 94B (cook) during his assignment in Vietnam.

2. There is no evidence of record that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base an award of the Combat Infantryman Badge in this case.

3. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 30 September 1966 through
21 September 1968 ending with termination of a period of Federal military service. Therefore, his records should be corrected to show this medal.

4. 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 in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.

5. The applicant’s unit was cited for two awards of the Valorous Unit Award, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his military records to show these unit awards.

6. Based on the applicant’s service in Vietnam, he is entitled to the Vietnam Campaign Medal and one Overseas Service Bar. Therefore, his military records should be corrected to show these awards.
7. 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 that the individual concerned was awarded the Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Valorous Unit Award with First Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Campaign Medal and one Overseas Service Bar.

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

BOARD VOTE:

CLA____ MHM____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Celia L. Adolphi______
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002074066
SUFFIX
RECON
DATE BOARDED	20020905
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.	107.0000
3.
4.
5.
6.