PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 December 2002
         DOCKET NUMBER: AR2002077077


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Ms. Barbara J. Ellis		Member
Mr. William D. Powers		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 correction his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge and the Presidential Unit Citation.

3. The applicant states that he was not awarded the Combat Infantryman Badge or the Presidential Unit Citation. In support of his application, he submitted a copy of his DA Form 20 (Enlisted Qualification Record).

4. The applicant’s military records show that he was inducted in the Army on 1 August 1967. He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He served in Vietnam from 25 January 1968 through 20 January 1969 and was honorably released from active duty on 31 July 1969.

5. The applicant's DD Form 214 does not show the Combat Infantryman Badge or the Presidential Unit Citation as authorized awards.

6. There are no orders in the applicant's personnel records which show he was awarded the Combat Infantryman Badge. His DA Form 20 shows he was awarded MOS 11B on 8 December 1967 and was assigned to the 2nd Battalion, 27th Infantry in Vietnam from 7 February 1968 through 15 August 1968.

7. His DA Form 20 also shows that he was awarded MOS 11F (infantry operations and intelligence specialist) on 12 August 1968 and was assigned to the 2nd Brigade, 25th Infantry Division in Vietnam from 16 August 1968 through 16 January 1969.

8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not indicate that the 2nd Battalion, 27th Infantry or the 2nd Brigade, 25th Infantry Division were cited for award of the Presidential Unit Citation.

9. The Board noted that the applicant is entitled to award of the Bronze Star Medal, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Valorous Unit Award, and the Vietnam Service Medal with one silver service star which are not shown on his discharge document.

10. The applicant's personnel records contain Headquarters, 25th Infantry Division General Orders Number 8867, dated 17 December 1968, which awarded him the Bronze Star Medal for meritorious service from January 1968 to December 1968.

11. Records show the applicant was awarded the first award of the Good Conduct Medal for the period 1 August 1967 to 31 July 1969 based on Headquarters, 3d Basic Combat Training Brigade General Orders Number 19, dated 1 July 1969.

12. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 2nd Battalion, 27th Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

13. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 2nd Battalion, 27th Infantry, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971. While the applicant was still assigned to the 2d Battalion, 27th Infantry, the unit was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 36, dated 1970.

14. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal.

15. Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in five campaigns of the Vietnam War.

16. Army Regulation 600-8-22 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.

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. Army Regulation 600-8-22 provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1. Evidence of record shows that the applicant was awarded an infantry MOS. The applicant’s records show that he served in an infantry duty position in an infantry unit of regimental or smaller size in combat in Vietnam. Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

2. There is no evidence available to the Board which shows the applicant was awarded the Presidential Unit Citation.

3. The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show that the applicant's units in Vietnam were cited for award of the Presidential Unit Citation. Therefore, there is no basis for correcting the applicant's records to show the Presidential Unit Citation.

4. The applicant was awarded the Bronze Star Medal for meritorious service from January 1968 to December 1968. Therefore, his records will be amended to show award of the Bronze Star Medal.

5. Orders show the applicant was also awarded the first award of the Good Conduct Medal for the period 1 August 1967 to 31 July 1969. Therefore, his records will be corrected to show this award.

6. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these foreign unit awards.

7. While the applicant was assigned to the 2nd Battalion, 27th Infantry, the unit was cited for award of the Valorous Unit Award. Therefore, he is entitled to correction of his records to show this award.

8. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in five campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star 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 correction of his DD Form 214 to show these awards.

9. 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:

a. by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 of the individual concerned; and

b. by adding award of the Combat Infantryman Badge, the Bronze Star Medal, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Valorous Unit Award, and the Vietnam Service Medal with one silver service star to item 24 on his DD Form 214.

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

BOARD VOTE:

LLS_____ BJE____ WDP____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Luther L. Santiful____
                  CHAIRPERSON

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INDEX

CASE ID	AR
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021217
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.