PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 October 2002
         DOCKET NUMBER: AR2002077293


         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 his DD Form 214 (Report of Transfer or Discharge) be corrected to add the Combat Infantryman Badge (CIB) and the Army Commendation Medal (ARCOM).

3. The applicant states, in effect, that they are missing from his DD Form 214. The applicant further states that they should be included because he earned them and the CIB is "the most important medal to an 11B (Lt Wpns Inf. [Light Weapons Infantryman])." The applicant submitted a copy of the DD Form 214 which was issued him on his release from active duty and a copy of two DD Forms 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), dated 27 and 28 January 1972, with his application for correction of his military records.

4. The applicant’s military records show that he was inducted into the Army of the United States on 21 January 1970. He received his basic combat training and his advanced individual training (AIT) at Fort Ord, California. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and transferred to the Republic of Vietnam.

5. On 18 June 1970, he arrived in Vietnam and was assigned to B Company,
4^th Battalion, 9^th Infantry Regiment of the 25^th Infantry Division. On 8 November 1970, he was reassigned to F Troop, 8^th Cavalry Regiment of the 23^rd Infantry Division. He departed Vietnam on 10 May 1971 and was assigned to Fort Riley, Kansas, where he was later released from active duty.

6. There is an entry on the applicant's DA Form 20 (Enlisted Qualification Record), in item 28, which indicates that on 12 November 1970 the applicant received non-judicial punishment under the provision of the Uniform Code of Military Justice UCMJ). Documentary evidence containing reference to the charge(s) and circumstances surrounding the UCMJ action is not available in the applicant's record.

7. While in Vietnam, the applicant was present and participated in the following campaigns: DA Sanctuary Counteroffensive which extended from 1 May through 30 June 1970 and the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971, respectively.

8. The applicant was awarded the CIB by Special Orders 224, Headquarters, 25^th Infantry Division, dated 12 August 1970. Orders were in the applicant's personnel records and the award was posted to Item 41, DA Form 20; however, it was not included in the applicant's DD Form 214 on his release from active duty.

9. There are no orders in the applicant's personnel records that would indicate that he was awarded the ARCOM. There is no evidence, and the applicant has provided none, to indicate that he was recommended for this award during his tour of duty in the Republic of Vietnam. Item 41 (Awards and Decorations), DA Form 20, does not show an entry to reflect award of the ARCOM to the applicant.

10. Throughout the applicant's active duty tenure, he consistently received "excellent" conduct and efficiency ratings as evidenced by Item 38 (Record of Assignments), DA Form 20.

11. The applicant's Personnel Qualification Record, DA Form 20, shows that the applicant qualified as sharpshooter and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar on 27 February 1970. Special Orders 85, Headquarters, Second AIT Brigade, US Army Training Center,
Infantry, Fort Ord, California dated 27 April 1970 show that the applicant qualified with the grenade launcher and was awarded the First Class Gunner Marksmanship Qualification Badge with Grenade Launcher Bar. Special Orders 93, Headquarters, Second AIT Brigade, US Army Training Center, Infantry, Fort Ord, California dated 6 May shows that the applicant qualified with the M-16 Automatic Rifle and was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. On 20 May, Special Orders 105 were published by Headquarters, Second AIT Brigade, US Army Training Center, Infantry, Fort Ord, California. These orders show that the applicant qualified expert and was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar on 22 April 1970. Marksmanship qualifications do not appear in Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214.

12. The applicant was honorably released from active duty on 24 September 1971 in the rank and pay grade of Specialist Four, E-4, with 1 year, 8 months and 4 days active Federal military service. The applicant's DD Form 214, Block 24,
shows his entitlement to the following: the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device and one Overseas Service Bar. The CIB and the ARCOM are not listed among these awards. The Bronze Star Medal and the Air Medal were added to his DD Form 214 through preparation of a DD Form 215 on 27 and 28 January 1972, respectively.

13. The applicant was transferred to the US Army Reserve Control Group (Annual Training) to complete his military service obligation. He was honorably discharged from the US Army Reserve on 1 January 1976 at the expiration of his term of service.

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14. Army Regulation 600-8-22 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.

15. Army Regulation 600-200, Chapter 9, required that an entry be made in Item 42 (Remarks) of a soldier's DA Form 20 when he was not favorably considered for award of the Good Conduct Medal. Specifically, the entry would appear as follows: "NFC for award of GCM (date)." Such an entry does not appear on the applicant's DA Form 20.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service.

17. The regulation further provides, in pertinent part, that the Air Medal (AM) is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.

18. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

19. Paragraph 8-6 of this regulation provides for award of the CIB. That paragraph states that there are three basic requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

20. Paragraph 6-7, Army Regulation 600-8-22, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its
Appendix B, and states that authorized bronze service stars will be worn on the appropriate service medal, in this case the Vietnam Service Medal.

21. Army Regulation 600-8-22 provides that the Good Conduct Medal 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

22. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 31 March 1971 by Department of the Army General Order Number 42, dated 1972.

23. Army Regulation 600-8-22, in pertinent part, sets forth requirements for awarding 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.

24. Army Regulation 635-5 sets forth requirement for the preparation, correction and re-issuance of DD Forms 214. Paragraph 2-7(2) specifies that a DD
Form 214 will be re-issued, "When it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if correction would require issuance of more than two DD Forms 215."

CONCLUSIONS:

1. The applicant was ruled eligible for award of the BSM and the AM. These awards were added to his DD Form 214 through preparation of a DD Form 215
on 27 and 28 January 1972, respectively. Copies of orders awarding the BSM are not in the applicant's personnel records; however, the Board does not doubt that orders were available when the amendment to his DD Form 214 was made on 27 January 1972. Orders awarding the applicant the AM, General Orders 4769, Headquarters 23^rd Infantry Division, dated 23 April 1971, are on file in the applicant's personnel records. The BSM and the AM will be shown on the separation document which will be re-issued.

2. The applicant was awarded the CIB by Special Orders 224, Headquarters, 25^th Infantry Division, dated 12 August 1970, and so, this award will be shown on the DD Form 214.

3. There are no orders in the applicant's personnel records that would indicate that he was awarded the ARCOM. There is no evidence, and the applicant has provided none to indicate that he was recommended for this award during his tour of duty in the Republic of Vietnam. Item 41, DA Form 20, does not show an

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entry to reflect award of the ARCOM to the applicant. The Board has found no basis upon which to support adding the ARCOM to the applicant's DD Form 214.

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

5. Throughout the period of his service, the applicant's Conduct and Efficiency were consistently rated as, "Excellent." This rating was given despite the fact that there is evidence that the applicant was subjected to non-judicial punishment under the UCMJ on 12 November 1970. Documentary evidence containing reference to the charge(s) and circumstances surrounding the UCMJ action is not available in his records. The Board noted that despite the UCMJ action, the applicant was promoted to the highest rank and pay grade that he held while on active duty, Specialist Four (E-4) on 21 December 1970. There is no evidence that any of his unit commanders disqualified him for award of the Army Good Conduct Medal. Disqualification would have required an entry to have been entered in Item 42, DA Form 20. In the absence of a disqualifying entry and in recognition of his exemplary contributions in supporting his country through his conduct, efficiency and fidelity, the Board has agreed that he is entitled to award of the Army Good Conduct Medal for the period of service from 21 January 1970 through 24 September 1971 and to have this award shown on his DD Form 214.

6. The applicant served in a unit during his tour of duty in the RVN (F Troop,
8^th Cavalry Regiment) that was cited for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm. He is therefore entitled to have this award added to his DD Forms 214.

7. The applicant's Personnel Qualification Record, DA Form 20, shows that the he qualified as sharpshooter and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. The applicant also qualified with the grenade launcher and was awarded the First Class Gunner Marksmanship Qualification Badge with Grenade Launcher Bar. Qualification with the M-16 Automatic Rifle resulted in his being awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. Finally, the applicant qualified expert and was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar. These badges are not shown on his DD 214 and it would therefore be in the interest of justice to add them to this document now.

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

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RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by re-issuing a DD Form 214 to the applicant and show all the awards and decorations, in Block 24, to which he is entitled as follows: Bronze Star Medal, Air Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with 60 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, Sharpshooter (formerly First Class Gunner) Marksmanship Qualification Badge with Grenade Launcher Bar and one Overseas Service Bar.

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	AR2002077293
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.	107.0020
3.	107.0111
4.
5.
6.