PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 November 2002
         DOCKET NUMBER: AR2002076478


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. John P. Infante		Member
Ms. Regan K. Smith		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, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and the Bronze Star Medal with “V” Device.

3. The applicant provided two applications. In his application for award of the Combat Infantryman Badge, he states that he should have been awarded the Combat Infantryman Badge for his tour in Vietnam when his military occupational specialty (MOS) was changed from 36K (wireman) to 11B (infantry). He contends that he participated in approximately 38 patrols, missions, and operations with different elements within the 3rd Brigade, 4th Infantry Division, that he was told he was eligible for the Combat Infantryman Badge since his MOS was 11B (infantry) and that he had been involved in combat during some of those patrols, missions, and operations. In support of his application, he submits a letter of explanation and Special Orders Number 343, dated 9 December 1969.

4. In his application for award of the Bronze Star Medal with “V” Device, he states that while he was on leave from Vietnam his unit and platoon members were awarded certain medals. He contends that he was told by his platoon members and platoon sergeant that he was a recipient of the Bronze Star Medal with “V” Device; however, he missed the presentation of the award and he never received orders or the medal. He also contends that his unit was disbanded and he was reassigned to another unit which also involved changing his MOS back to MOS 36K (wireman) from MOS 11B (infantry). In support of his application, he submits a letter of explanation; Special Orders Number 88, dated 29 March 1970; and another copy of Special Orders Number 343, dated 9 December 1969.

5. The applicant’s military records show that he enlisted on 9 February 1968 for a period of 3 years. He served as a wireman in Vietnam from 9 August 1968 through 14 September 1970 and was honorably released from active duty on
14 September 1970.

6. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge or the Bronze Star Medal with “V” Device as authorized awards.

7. In support of his claim for award of the Combat Infantryman Badge, the applicant submitted a copy of Special Orders Number 343, dated 9 December 1969, which authorized his travel on special leave to the United States for 30 days. These orders show his MOS as 11B (infantry). However, there is no evidence in the applicant’s service personnel records which shows that he was awarded MOS 11B (infantry).

8. There are no orders for award of the Combat Infantryman Badge in the applicant’s service personnel records.

9. Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to award of the Combat Infantryman Badge.

10. The applicant’s service personnel records show that he was awarded primary MOS 36K effective 27 May 1968. His records also show that he was assigned to Vietnam in MOS 36K. Item 38 (Record of Assignments) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that his duty MOS was 36K (wireman) during his assignments with Headquarters and Headquarters Company, 3rd Brigade of the 4th Infantry Division and Headquarters and Headquarters, 1st Battalion, 22nd Infantry of the 4th Infantry Division, in Vietnam.

11. Item 22 (Military Occupational Specialties) on the applicant’s DA Form 20 shows that his primary MOS was 36K (wireman). There are no other entries in item 22.

12. There is no evidence in the applicant’s service personnel records that he was recommended for or awarded the Bronze Star Medal with “V” Device.

13. Item 41 (Awards and Decorations) on the applicant’s DA Form 20 does not show entitlement to the Bronze Star Medal with “V” Device.

14. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in seven campaigns during his assignment in Vietnam.

15. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

17. Army Regulation 600-8-22, 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. The regulation also states, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he should have been awarded the Combat Infantryman Badge for his tour in Vietnam when his MOS was changed from 36K (wireman) to 11B (infantry). However, there is no evidence of record which shows the applicant was awarded MOS 11B (infantry).

2. Evidence of record shows the applicant was awarded primary MOS 36K (wireman) on 27 May 1968. Evidence of record also shows that he served as a wireman in MOS 36K while assigned to Headquarters and Headquarters Company, 3rd Brigade of the 4th Infantry Division and Headquarters and Headquarters, 1st Battalion, 22nd Infantry of the 4th Infantry Division in Vietnam.

3. The Board considered the Special Orders provided by the applicant which show his MOS as 11B (infantry). However, these orders alone are not sufficient as a basis for award of the Combat Infantryman Badge, particularly in view of evidence of record which shows the applicant did not meet the requirements for award of the Combat Infantryman Badge.

4. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

5. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal with “V” Device. Therefore, there is no basis for granting the applicant’s request for award of the Bronze Star Medal with “V” Device.

6. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in seven campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star and two bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one silver service star and two bronze service stars and correction of his DD Form 214 to show these awards.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.




RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Vietnam Service Medal with one silver service star and two bronze service stars.

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

BOARD VOTE:

AAO___ JPI_____ RKS_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Arthur A. Omartian___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076478
SUFFIX
RECON
DATE BOARDED	20021114
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.