PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 October 2002
         DOCKET NUMBER: AR2002075180


         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:

Mr. Fred N. Eichorn		Chairperson
Ms. Shirley L. Powell		Member
Mr. Elzey J. Arledge, Jr.		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, in effect, that he be awarded the "Combat Infantry Badge" [correctly known as the Combat Infantryman Badge].

3. The applicant states, in effect, that he went on patrols, stood guard, and he was involved in firefights where company members were wounded; that he was initially trained as an 11B [Infantryman]; that narratives for medals received, the "BSM and the ARCOM" [the Bronze Star Medal and the Army Commendation Medal, respectively] mention that he was involved in actions stated above; and that he suffers from post traumatic stress disorder incurred during his tour of duty in Vietnam.

4. The applicant has provided nothing to support his contention that he should be awarded the Combat Infantryman Badge. Narratives [citations] for award of the BSM and ARCOM are not available for review.

5. The applicant’s military records show that he enlisted in the US Army Reserve on 30 August 1967 for 6 years in the pay grade E-1 to participate in the Delayed Entry/Enlistment Program (DEP).

6. The applicant’s military records further show that he enlisted in the Regular Army on 11 December 1967 for three years with an enlistment option to attend Airborne Training.

7. He completed basic combat training and advanced individual training as a Light Weapons Infantryman, military occupational specialty (MOS) 11B at Fort Lewis, Washington. He completed Basic Airborne Training at Fort Benning, Georgia, on 31 May 1968. He was awarded the Parachutist Badge.

8. The applicant was reassigned to the United States Army Europe. There he was assigned to A Company, 509^th Infantry Regiment, 8^th Infantry Division. He performed duties as a records and company clerk. Effective 1 October 1968, he was awarded the primary MOS 71T2P. His primary MOS 11B2P became his secondary MOS. On 16 April 1969, his Infantryman MOS was withdrawn as his secondary MOS and he was reclassified to a Personnel Specialist, MOS 71H. He remained in that unit and performed in that MOS until reassigned to the Republic of Vietnam.

9. He arrived in the RVN on 13 April and on 16 April 1970, he was assigned to A Company (Admin), 173^rd Support Battalion, 173^rd Airborne Brigade. He was assigned duties of a company clerk.

10. 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

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and Decorations, of his DA Form 20, Enlisted Qualification Record, 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. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 is also absent an entry indicating award of the Combat Infantryman Badge.

11. The applicant was honorably released from active duty on 11 November 1970 in the rank and pay grade of Specialist Five, E-5, with 2 years, 10 months and 29 days active Federal military service. The applicant had 2 days lost time due to absence without leave.

12. The applicant's DD Form 214, Item 24, shows his entitlement to the following: the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Bronze Star Medal, the Army Commendation Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar and one Overseas Service Bar. As indicated in paragraph 10 above, the Combat Infantryman Badge is not listed among these awards.

13. 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.

14. 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.

15. 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.

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16. The applicant participated in the Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970; the DA Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase VII Campaign, which extended from
1 July 1970 through 31 June 1971. He is therefore entitled to award of three bronze service stars, which denote participation in these campaigns, to be affixed and worn on his already awarded Vietnam Service Medal.

17. Army Regulation 670-1, in pertinent part, states that foreign unit awards are 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, A Company (Admin) of the 173^rd Airborne Brigade, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period from 5 May 1965 through 26 September 1970 by Department of the Army General Orders 51, dated 1971. The unit was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 15 April 1969 through 16 March 1971 by Department of the Army General Orders 5, 1973. These foreign unit awards were announced subsequent to the applicant's release from active duty; but nonetheless, he is entitled to these awards because he was assigned to this unit at or during the time the unit was cited for the award. These awards should therefore be shown on his DD Form 214.

19. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

20. The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar under authority of Special Orders Number 86, dated 27 April 1968, by Headquarters, 3^rd Advanced Infantry Training Brigade, US Army Training Center (Infantry), Fort Gordon, Georgia. This badge is not shown in Item 24 of his DD Form 214.

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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 tour of duty in the Republic of Vietnam. Although initially trained as a Light Weapons Infantryman, he was reclassified and when he arrived and served in the Republic of Vietnam, he no longer held an Infantry MOS.

2. The applicant participated in three campaigns during his tour of duty in the Republic of Vietnam: the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII. The applicant is therefore entitled to award of three bronze service stars, which denote participation in three campaigns, to be affixed and worn on his already awarded Vietnam Service Medal.

3. The Board does not deny the applicant's contentions that he went on patrols, stood guard, and was involved in firefights where company members were wounded. The evidence of record shows that he was initially trained and classified as an Infantryman; however, while in Germany, he was reclassified to a Personnel Specialist, and he did not hold an Infantry MOS while he served in the Republic of Vietnam. It is generally understood and accepted that the exigencies of combat may require non-infantry soldiers to temporarily perform the basic infantry duties that all soldiers are taught in basic combat training; but, it is not a basis for award of the Combat Infantryman Badge.

4. 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 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. He is therefore entitled to have these awards added to his DD Form 214.

5. The applicant's qualification in the degree of Sharpshooter with the M-60 Machinegun is not shown on the applicant's DD Form 214. It would be appropriate to add this qualification to his separation record at this time.

6. 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:

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         a. by deleting the Vietnam Service Medal from Item 24 of his DD Form 214; and

         b. by showing that he was awarded, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, in addition to those awards already shown in Item 24, of his DD Form 214.

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

BOARD VOTE:

__fne___ __slp___ __eja___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075180
SUFFIX
RECON
DATE BOARDED	20021022
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0111
3.
4.
5.
6.