PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 October 2002
         DOCKET NUMBER: AR2002075957


         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. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Curtis L. Greenway		Chairperson
Ms. Regan K. Smith		Member
Mr. Donald P. Hupman, 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 that he be awarded the Combat Infantryman Badge (CIB).

3. The applicant states that his Armed Forces of the United States Report of Transfer or Discharge, DD Form 214, does not reflect his duties while assigned to an infantry unit -- Company C, 2d Battalion, 22d Infantry -- for 7 months while participating in the battles of Ap Bau, Bang II, Suoi Tre, and Ap Gu. As supporting evidence he provides his DD Form 214; a 4-page printout of the history of those battles; and extracts from the April 1998, January 2002, and May 2002 issues of VFW, the Veterans of Foreign War magazine.

4. The applicant’s military records show that he was inducted into the Army on 12 November 1965. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).

5. The applicant's Enlisted Qualification Record, DA Form 20, item 38 shows he was assigned to Battery B, 2d Battalion, 77th Artillery, Vietnam on 22 September 1966. Item 33 shows he was reduced to Private First Class, E-3 on 27 October 1966 (reduction orders are available but no Article 15). He was promoted to Specialist Four, E-4 on 31 March 1967. General Orders 3484, 25th Infantry Division dated 1 September 1967 awarded him the Army Commendation Medal for meritorious service. He departed Vietnam on 26 August 1967 after being credited with two campaigns. Item 38 of his DA Form 20 shows he had performed duties as a gunner, cannoneer, and radio teletype operator while in Vietnam.

6. The applicant was released from active duty on 29 August 1967 after completing 1 year, 9 months, and 18 days of creditable active service with no lost time. His DA Form 20, item 38 shows his conduct and efficiency were rated as excellent during his entire service. His DD Form 214 shows he was awarded the National Defense Service Medal, one overseas service bar, the Marksman Qualification Badge Rifle M-14, the Vietnam Campaign Medal, and the Vietnam Service Medal.

7. Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards. In pertinent part, it states that the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain. The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for
infantrymen. In developing the CIB, the War Department did not dismiss or

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ignore the contributions of other branches. Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions. From the beginning, Army leadership have taken care to retain the badge for the unique purpose for which it was established. There are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.

8. Army Regulation 600-8-22 also provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.

9. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service. However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

10. Department of the Army Pamphlet 672-3 shows that the 2d Battalion, 77th Artillery was awarded the Presidential Unit Citation for extraordinary heroism in action against an armed enemy on 21 March 1967, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods October 1966 - 1 August 1967 and 1 August 1967 - August 1968, and the Republic of Vietnam Civil Actions Honor Medal Unit Citation for the period 1 August 1967 - 21 January 1970. It further states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation badge are not authorized, official military personnel and historical records will indicate all awards received.

11. The extract from the provided April 1998 VFW magazine contained an article on the CIB. It noted that the CIB is not an award dispensed lightly and that, first and foremost, a recipient must have an infantry MOS.

CONCLUSIONS:

1. There is no evidence of record to show the applicant was assigned to an infantry unit. Even if such an assignment had been documented, however, the

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primary requirement for award of the CIB is to be an infantryman, i.e., to hold an infantry MOS. The applicant was an artilleryman and held an artillery MOS. While the Board acknowledges the valuable services he performed during his tour in Vietnam, he does not meet the eligibility criteria for award of the CIB.

2. It is noted that the applicant had one instance of misconduct as shown by his reduction to Private First Class, E-3. However, he was later promoted back to pay grade E-4. In addition, his conduct and efficiency had been rated as excellent, even during the period of time he was reduced. It would therefore be appropriate to award him the Army Good Conduct Medal for the period 12 November 1965 - 29 August 1967.

3. The evidence of record shows the applicant was awarded the Army Commendation Medal. It shows he was credited with two campaigns and so is authorized to wear two bronze service stars on the Vietnam Service Medal.

4. The evidence of record also shows that the applicant was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal Unit Citation. These unit awards (although the applicant may wear only one Republic of Vietnam Gallantry Cross with Palm Unit Citation) should be added to his DD Form 214.

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 applicant the Army Good Conduct Medal for the period 12 November 1965 - 29 August 1967.

2. That the applicant's DD Form 214 be amended to show he was awarded the Army Good Conduct Medal, the Army Commendation Medal, the Presidential Unit Citation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal Unit Citation and to show he is authorized to wear two bronze service stars on the Vietnam Service Medal.

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

BOARD VOTE:

__CLG_ __RKS___ ___DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  ___Curtis L. Greenway _
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075957
SUFFIX
RECON
DATE BOARDED	2002/10/31
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	PARTIAL RELIEF
REVIEW AUTHORITY
ISSUES 1.	107.0057
2.
3.
4.
5.
6.