PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 September 2002
         DOCKET NUMBER: AR2002074769


         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Raymond J. O’Connor, Jr.		Chairperson
Mr. Raymond J. Wagner		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 that he be awarded the Combat Infantryman Badge (CIB) and the Air Medal (AM) for service rendered In Vietnam.

3. The applicant states that during his tour of duty in Vietnam he came under fire and returned fire while serving as a radio operator in II Corps with the 11^th Army of the Republic of Vietnam (ARVN) Rangers. He further states that he was also under fire in and around the Mang Yang Pass and An Khe as well as occasionally while serving as a security guard at the Military Assistance Command – Vietnam (MACV) compound in Pkeiku. While assigned to II Corps Headquarters in Pleiku, he served as an air courier, flying about the entire country several days a week for several months, accumulating more than sufficient flight hours to qualify for award of the AM. Additionally, he was also exposed to hostile fire as a courier.

4. The applicant’s military records show that he enlisted in Newark, New Jersey, on 22 August 1966, for a period of 3 years and training as a clerk typist. He successfully completed his training and was transferred to Vietnam on 10 April 1967. He was assigned to Advisor Team #36, II Corps Advisory Group, MACV, for duty as a clerk typist. He departed Vietnam on 30 March 1968 and was transferred to Fort Dix, New Jersey. He was promoted to the pay grade of E-5 on 12 September 1968 and remained at Fort Dix until he was honorably released from active duty (REFRAD) on 21 August 1969, due to the expiration of his term of service. He had served 3 years of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), and the Republic of Vietnam Campaign Medal.

5. His records also show that he had excellent conduct and efficiency ratings throughout his service and is void of any derogatory information. His records also failed to show that he was ever awarded a military occupational specialty (MOS) of an infantryman or that he served as a radio operator. Additionally, there is no indication that he was ever designated on orders to participate in aerial flight on a regular basis in a crewmember or non-crewmember status.

6. Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB. It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry MOS and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.

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7. Army Regulation 672-5-1, in effect at the time, also established the criteria for award of the Army Good Conduct Medal (AGCM). It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM. The regulation outlines the criteria for award of the Good Conduct Medal (GCMDL) and provides, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL. Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members. That regulation also provides that a bronze service star will be awarded for participation in each designated campaign.

8. That regulation also prescribed the criteria for award of the Air Medal. It states, in pertinent part, that award of the Air Medal is primarily intended to recognize those personnel who are on current crewmember or non-crewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their duties. However, it may also be awarded to certain other individuals whose combat duties require regular and frequent flying in other than a passenger status, or individuals who perform a particularly noteworthy act while performing the function of a crewmember, but who are not on flying status. These individuals must make a discernible contribution to the operational land combat mission or the mission of the aircraft in flight.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s

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departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for the period he served with the unit. Additionally, he participated in three campaigns during his assignment to Vietnam.

CONCLUSIONS:

1. The applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that during his assignment in Vietnam, he performed the duties of an infantryman, while assigned to an infantry unit engaged in ground combat against the enemy. Therefore, in accordance with the applicable regulations governing award of the CIB, he is not entitled to be awarded that badge.

2. Additionally, there is no evidence in the available records to show that he was recommended for or is entitled to an award of the AM. Therefore, absent evidence to the contrary, the Board has no basis to award him the AM.

3. However, the evidence of record does show that he was entitled to be awarded the RVNGC w/Palm Unit Citation and three bronze service stars for wear on his already awarded VSM.

4. The Board also notes that the applicant had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL. Therefore, it must be presumed that the failure to award him the GCMDL was the result of an administrative error. Accordingly, it would be in the interest of justice to award him the GCMDL for the period of 22 August 1966 to 21 August 1969.

5. 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 awarding the individual concerned the RVNGC w/Palm Unit citation, three bronze service stars for wear on his already awarded VSM, and the GCMDL for the period of 22 August 1966 to 21 August 1969.

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

BOARD VOTE:
__rjw____ ___kf ___ __rvo___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor, Jr.__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074769
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/09/26
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 64	107.0018/AM
2. 157	107.0111/CIB
3. 102	107.0056/GCMDL
4. 140	107.0094/RVNGC
5.
6.