PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            12 December 2002
      DOCKET NUMBER:    AR2002076236


      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. Edmund P. Mercanti            |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Roger W. Able                 |     |Chairperson          |
|     |Ms. Karen Y. Fletcher             |     |Member               |
|     |Mr. Bernard P. Ingold             |     |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 that he be awarded the Combat Infantryman Badge
(CIB).

3.  The applicant states that he served in Vietnam with South Vietnamese
Infantry in combat.  He was awarded the Purple Heart for wounds he
sustained while serving with the South Vietnamese Infantry.

4.  In support of his application he submits orders awarding him the Purple
Heart, and a clinical record of his wounds.  In the clinical summary it is
stated “The patient is a specialist fourth class with 4 ½ years of active
duty.  He has been in Germany and Vietnam.  He is a radio operator.”  The
summary continues that the applicant was wounded when the jeep he was
riding in hit a land mine.

5.  The applicant’s military records show that he enlisted in the Regular
Army on 24 February 1960, was awarded the military occupational specialty
(MOS) of radio operator, served as a radio operator in a cavalry squadron,
was promoted to pay grade E-4, and was honorably released from active duty
on 26 November 1962.

6.  He reenlisted as prior service on 5 November 1963 and served in Vietnam
as a radio operator with a military advisor group assigned to the Military
Assistance Command Vietnam.

7.  On 10 January 1965, the applicant was wounded when the jeep he was
riding in hit a land mine.  The applicant was processed through the
Disability Evaluation System and was honorably released from active duty on
2 August 1965 due to physical disability.  He was placed on the retired
list the following day.

8.  The applicant’s separation document, item 25, Specialty Number and
Title, has 05B20, Low Speed Radio Operator, entered.  His awards consisted
of the Expert Marksmanship Qualification Badge with Rifle Bar, and the
Armed Forces Expeditionary Medal.

9.  United States Army Vietnam (USARV) Regulation 672-1, Appendix V, Combat
Infantryman Badge Guidance, states that a radio operator is considered an
infantry position for which the CIB is normally authorized if the
radioman's primary duty was to accompany infantry or infantry-type units on
tactical operations.

10.  Army Regulation 600-8-22, Military Awards, provides that the Good
Conduct Medal (GCM) 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.  A record of punishment is not automatically
disqualifying.  However, at that time, a single efficiency rating of less
than excellent was disqualifying.  Although there is no automatic
entitlement to the GCM, disqualification must be justified.  Current
practice requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.  At that time,
nonfavorable consideration was normally noted on the DA Form 20.

11.  This regulation also provides that the Republic of Vietnam Campaign
Medal, a foreign award, was awarded to individuals who served in Vietnam
for 6 months during the period 1 March 1961 to 28 March 1973, inclusive.

CONCLUSIONS:

1.  The applicant was a radioman assigned to an advisor group in Vietnam
with a primary duty to accompany infantry or infantry-type units on
tactical operations.

2.  While there is no way to tell with any certainty what advisory team he
was assigned to, the fact that he was severely wounded by an enemy land
mine lends credence to his statement that he accompanied Vietnamese units
into combat situations.

3.  Based upon the applicant's wound, the Board will give the applicant the
benefit of doubt and recommend that he be awarded the CIB.

4.  In addition, the applicant's unblemished conduct, efficiency and
fidelity would warrant a GCM.  The Board is of the opinion that the only
reason he wasn't awarded the GCM was because he was discharged prior to the
expiration of his term of service due to disability.  However, this did not
disqualify him for the GCM.

5.  In addition, the applicant is entitled to the Republic of Vietnam
Campaign Medal.

6.  Also, the applicant's PH should be added to his separation document.

7.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be
corrected by:

      a.  showing that the individual concerned was awarded the CIB;


      b.  showing that he was awarded the GCM for the period 5 November 1963
to 2 August 1965;


      c.  showing that he was awarded the Republic of Vietnam Campaign
Medal; and


      d.  adding these awards, along with his PH, to his separation
document.

BOARD VOTE:

___rwa__  ____bpi__  ____kyf__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




            __________Roger W. Able__________
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2002076236                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20021212                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |