PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 October 2002
         DOCKET NUMBER: AR2002077319


         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. Raymond J. Wagner		Chairperson
Mr. Roger W. Able		Member
Mr. John T. Meixell		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 in effect, that he be awarded the Combat Infantryman Badge for his service with the 101^st Airborne Division in the Republic of Vietnam from April 1968 through November 1970.

3. The applicant states, in effect, that he needs this award to support his claim to service-connected PTSD (Post Traumatic Stress Disorder).

4. The applicant has provided nothing other than what is believed to be a Veterans Administration Claim Number to support his contention that he should be awarded the Combat Infantryman Badge.

5. The applicant’s military records show that he enlisted in the Army on 22 April 1968 for 3 years in the pay grade E-1 for training and assignment in the military occupational specialty (MOS) 68F, Aircraft Instrument Electrician.

6. He completed basic combat training at Fort Lewis, Washington, and was transferred to Fort Eustis, Virginia, for advanced individual training as a Aircraft Instrument Electrician.

7. On completion of all training, he was reassigned to the Republic of Vietnam. He arrived in Vietnam on 19 February 1969 and was assigned to Headquarters and Headquarters Company, 5^th Transportation Battalion, 101^st Airborne Division (Airmobile). He performed duties as an aircraft electrician with that unit. On 11 March 1969, he was reassigned within the same battalion to B Company. He remained in that unit and performed in the MOS 68F until 4 November 1970 when he was returned to the Continental United States for separation processing.

8. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge. There is also no entry in Item 41, Awards and Decorations, of his DA Form 20 (Enlisted Qualification Record) indicating that the Combat Infantryman Badge was awarded him. The Board noted that on the date of his release from active duty, the applicant signed his DD Form 214 in his own hand, attesting to the accuracy of the information recorded on this form. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 is also absent an entry indicating award of the Combat Infantryman Badge.

9. The applicant was honorably released from active duty on 5 November 1970 in the rank and pay grade of Specialist Four, E-4, with 2 years, 6 months and
14 days active Federal military service.

---

10. The applicant's DD Form 214, Item 24, shows his entitlement to the following: the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device, the Bronze Star Medal, the Army Commendation Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and three Overseas Service Bars. As indicated in paragraph 8 above, the Combat Infantryman Badge is not listed among these awards.

11. Army Regulation 600-8-22 (Military Awards) 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.

12. The above regulation provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel 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.

13. This regulation, in pertinent part, 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. The regulation, in paragraph 6-7, further specifies that a silver service star will be worn instead of five bronze service stars.

14. The applicant participated in the following six campaigns of the Vietnam War: the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; the TET 69 Counteroffensive, which extended from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; the DA Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase VII, which extended from
1 July 1970 through 31 June 1971. He is therefore entitled to award of one silver service star and one bronze service star, which denotes participation in these campaigns, to be affixed and worn on his already awarded Vietnam Service Medal.

---

15. Army Regulation 670-1, in pertinent part, states that foreign unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

16. According to DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam shows the unit to which the applicant was assigned during his tour of duty in the Republic of Vietnam, the 5^th Transportation Battalion, was awarded, in addition to the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 1 July 1968 through 2 May 1970 by Department of the Army General Orders 48 dated 1971. This foreign unit award was announced subsequent to the applicant's release from active duty; but nonetheless, he is entitled to it because he was assigned to the unit at or during the time the unit was cited for the award. This award should therefore be shown on his DD Form 214.

CONCLUSIONS:

1. There is no evidence, and the applicant has provided none, that he ever held an infantry MOS, that he was assigned or attached to serve with an infantry unit of brigade, regimental or smaller size and participated in active ground combat while assigned or attached to an infantry unit of the stated size.

2. There is no evidence and the applicant has provided none that would indicate that he was awarded the Combat Infantryman Badge or that he was recommended for this award during his tour of duty in the Republic of Vietnam. The Board has therefore determined that there is no basis upon which to make an entry showing the Combat Infantryman Badge on his DD Form 214.

3. The applicant participated in six campaigns during his tour of duty in the Republic of Vietnam: the Vietnam Counteroffensive, Phase VI; the TET 69 Counteroffensive; the Vietnam Summer-Fall 1969; the Vietnam Winter-Spring 1970; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII. He is therefore entitled to award of one silver service star and one bronze service star, which denotes participation in these campaigns, to be affixed and worn on his already awarded Vietnam Service Medal.

---

4. The applicant served in a unit during his tour of duty in the RVN at the time that it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. He is therefore entitled to have this award 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 Department of the Army records related to this case be corrected:

         a. by awarding the applicant one silver and one bronze service star to be affixed and worn on his already awarded Vietnam Service Medal.

         b. by awarding the applicant the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, in addition to those awards already and showing these awards in Block 24, of his DD Form 214.

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

BOARD VOTE:

__rjw___ __rwa___ __jtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Raymond J. Wagner
                  ______________________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002077319
SUFFIX
RECON
DATE BOARDED	20021010
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0111
3.
4.
5.
6.