PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 August 2002
         DOCKET NUMBER: AR2002074680


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. Raymond V. O'Connor, Jr.		Member
Ms. Barbara J. Lutz		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, in effect, that the "CIB [Combat Infantryman Badge] which was not on [his] DD Form 214" [Armed Forces of the United States Report of Transfer or Discharge], be added to his separation document.

3. The applicant states, in effect, that he served at Quan Loi in the Republic of Vietnam from April 1969 until August 1969. He served as a member of the ground forces and on reconnaissance patrols.

4. The applicant has provided nothing to support his contention that he was awarded the Combat Infantryman Badge or that he was qualified for this award. The applicant indicates, in effect, that his service record will speak for him.

5. The applicant’s military records show that he enlisted in the Regular Army on 29 February 1968 for a period of two years. He completed basic combat training and advanced individual training at Fort Bragg, North Carolina. He was awarded the military occupational specialty, 11C10 (Infantry Indirect Fire Crewman).

6. He was assigned to Fort Carson, Colorado, on 23 July 1968. He remained at Fort Carson until he was reassigned to the Republic of Vietnam (RVN). He arrived in the RVN on 2 May 1969 and was assigned to A Company, 2^nd Battalion, 7^th Cavalry Regiment of the 1^st Air Cavalry Division for duty as an Infantry Indirect Fire Crewman. On 22 May 1969, he was reassigned to
C Company, in the same regiment.

7. In June 1969, the applicant was placed in a patient status by the 93^rd Evacuation Hospital and was medically evacuated from the Republic of Vietnam to the 106^th General Hospital in Japan on 3 June 1969. Transport orders, Special Orders TF-984, were published by the 377^th Combat Support Group (Pacific Air Force) on 2 June 1969. The specific reason for this evacuation is unknown; however, it was apparently not related to the applicant having been wounded in action against an opposing force.

8. There is no documentary evidence in the applicant's service personnel records that would indicate that he was wounded in action. Both items 40 (Wounds) and 41 (Awards and Decorations) of his DA Form 20, Enlisted Qualification Record, are void of any indication that the evacuation was related to his having sustained a wound in combat. Medical records are not available for review. The Vietnam Casualty List was searched for any information that would indicate the reason for the applicant's evacuation from the RVN. The applicant's name does not appear on that listing.

---

9. Contrary to the applicant's contention that he was in the RVN until August, his DA Form 20 indicates that he did not return to the RVN following his period of hospitalization and treatment but was reassigned from the 106^th General Hospital to Headquarters and Headquarters Company, 4^th Battalion, 54^th Infantry at Fort Knox, Kentucky, to continue his military service. According to his Enlisted Qualification Record, he was physically present in the Republic of Vietnam for only thirty-one days. The remainder of the overseas tour credit is as a result of the applicable regulation, Army Regulation 614-30, which is paraphrased below.

10. The applicant was honorably released from active duty on 27 February 1970 in the rank and pay grade of Specialist 4, E-4, with 1 year, 11 months and 29 days active Federal military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following: Vietnam Service Medal, Vietnam Campaign Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

11. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge. There is also no entry in Item 41, Awards and Decorations, indicating that the Combat Infantryman Badge was awarded him. The Board noted that on the date of his release from active duty, the applicant signed his DD Form 214, in his own hand, attesting to the accuracy of the information recorded on this form.

12. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

13. The above regulation provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel 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.

14. This regulation, 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.

---

15. Army Regulation 600-8-22 further 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.

16. The Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

17. Army Regulation 670-1, in pertinent part, states that the Republic of Vietnam Cross of Gallantry with Palm Unit Citation is authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

18. According to DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam shows the unit to which the applicant was assigned during his tour of duty in the Republic of Vietnam, the 2^nd Battalion, 7^th Cavalry Regiment of the 1^st Air Cavalry Division, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period from 2 May 1969 through 2 June 1969 by Department of the Army General Orders 59, dated 1969. The applicant is entitled to this award by virtue of having been assigned to this unit at or during the time the unit was cited for the award. This award should therefore be shown on his DD Form 214.

19. Army Regulation 614-30 states, in pertinent part, that an overseas tour for a resident of the Continental United States (CONUS) will commence on the date the individual departs a CONUS port for overseas service and will terminate on the date the individual arrives at a CONUS port.

CONCLUSIONS:

1. There is no evidence, and the applicant has provided none, that would indicate that he was awarded the Combat Infantryman Badge or that he was recommended for this award during his short, thirty-one day tour in the Republic of Vietnam.

---

2. The applicant was physically present in the Republic of Vietnam for only
thirty-one days. The period of time from 4 June until 17 August 1969 was awarded as overseas tour credit in accordance with Army Regulation 614-30.

3. The applicant was awarded an infantry military occupational specialty, 11C10; he was assigned to an infantry unit of brigade, regimental or smaller size, the 2^nd Battalion, 7^th Cavalry Regiment; however, there is no evidence, and the applicant has provided none, that he served with this unit at a time when the unit was engaged in active ground combat and he personally actively participated in such ground combat.

4. There is no evidence, and the applicant has made no claim that he was wounded in action which suggests that his medical evacuation from the Republic of Vietnam was as a result of a non-battle injury or an illness related to a disease.

5. Throughout the period of his enlistment, the applicant's Conduct and Efficiency were consistently rated as, "Excellent." There is no evidence of record that would indicate any indiscipline or that any of his unit commanders disqualified him from award of the Army Good Conduct Medal. He is therefore entitled to award of the Army Good Conduct Medal for the period of service from 29 February 1968 through 27 February 1970 and to have this award shown on his DD Form 214.

6. The applicant served in a unit during his tour of duty in the RVN that was cited for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm. He is therefore entitled to have this award added to his DD Forms 214.

7. The applicant participated in the TET 69 Counteroffensive Campaign, which extended from 23 February 1969 through 8 June 1969. He is therefore entitled to award of one bronze service star, which denote participation in one campaign, to be affixed and worn on his already awarded Vietnam Service Medal.

8. 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:

         a. by awarding the applicant the Army Good Conduct Medal and adding this award to his DD Form 214;

         b. by deleting the Vietnam Service Medal from the DD Form 214 from Item 24, DD Form 214;

c. by adding the following, in addition to the above awarded Good Conduct Medal, to Item 24, DD Form 214: the Vietnam Service Medal with 1 bronze service star 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:

__jhl___ __rvo___ __bjl___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Joann Langston
                  ______________________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002074680
SUFFIX
RECON
DATE BOARDED	20020822
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0000.0000
2.	107.0111.0000
3.
4.
5.
6.