PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 January 2003
         DOCKET NUMBER: AR2002077502


         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:

Ms. Kathleen A. Newman		Chairperson
Ms. Gail J. Wire		Member
Mr. Patrick H. McGann		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 of his records to show award of the Good Conduct Medal.

3. The applicant states that he was supposed to receive award of the Marine Corps Expeditionary Medal and the National Defense Service Medal for service in Thailand in 1962. He claims that he was supposed to receive award of the Good Conduct Medal for his service in the U.S. Army. In support of his application, he submitted two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).

4. The applicant's request for award of the Marine Corps Expeditionary Medal and the National Defense Service Medal was addressed by separate correspondence.

5. The applicant’s military records show that he served in the U.S. Marine Corps from 17 August 1960 through 14 August 1964. He enlisted in the Regular Army on 15 March 1965 for a period of three years. He served in Vietnam from 21 January 1968 through 7 March 1968 and was honorably discharged from active duty on 8 March 1968.

6. The applicant provided copies of two DD Forms 214. His DD Form 214, with an effective date of 14 August 1964, covers his service in the Marine Corps. This discharge document shows he was authorized the first award of the Good Conduct Medal for the period 17 August 1960 through 16 August 1963.

7. The applicant's DD Form 214, with an effective date of 8 March 1968, covers his service in the Regular Army. This discharge document does not show the Good Conduct Medal as an authorized award.

8. There is no evidence of record which shows the applicant was awarded or disqualified by his chain of command from receiving the second award of the Good Conduct Medal for the period 15 March 1965 through 8 March 1968. There is no evidence of record which shows that the applicant completed sufficient service for a second award of the Good Conduct Medal.

9. Review of the applicant's personnel records revealed that he is entitled to award of the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, the Expert Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214, with an effective date of 8 March 1968.

10. The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards) prepared by the National Personnel Records Center and dated 30 August 2002. This document shows the applicant was issued award of the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge and the Sharpshooter Marksmanship Qualification Badge.

11. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded the military occupational specialty (MOS) 11B (light weapons infantryman) on 15 March 1965. Item 38 (Record of Assignments) on his DA Form 20 shows he served in duty MOS 11B and was assigned to the 2nd Battalion, 16th Infantry, 1st Infantry Division during his assignment in Vietnam.

12. The applicant's personnel records contain Headquarters 5th Infantry Division (Mechanized) and Fort Carson Special Orders Number 328, dated 24 November 1965, which awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

13. His records also contain Headquarters 5th Infantry Division (Mechanized) and Fort Carson Special Orders Number 24, dated 24 January 1966, which awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

14. The applicant's DD Form 214, with an effective date of 8 March 1968, shows entitlement to the Vietnam Service Medal. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive, Phase III Campaign and the Tet Counteroffensive Campaign based on his dates of service in Vietnam.

15. 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 that, at the time of the applicant's assignment to the 2nd Battalion, 16th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 32, dated 1969.

16. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 2nd Battalion, 16th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

17. 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.

18. 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.

19. 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.

CONCLUSIONS:

1. The Board considered the applicant's request for award of the Good Conduct Medal for his service in the U.S. Army.

2. The applicant's DD Form 214, with an effective date of 14 August 1964, shows the applicant was authorized the first award of the Good Conduct Medal for his service in the Marine Corps.

3. There is no evidence of record which shows the applicant received the second award of the Good Conduct Medal or completed the three years of qualifying service for a second award of the Good Conduct Medal for the period 15 March 1965 through 8 March 1968. Therefore, there is no basis for correcting his DD Form 214, with an effective date of 8 March 1968, to show he was awarded the Good Conduct Medal.

4. Evidence of record shows that the applicant was awarded an infantry MOS and served in an infantry duty position with the 2nd Battalion, 16th Infantry in Vietnam. Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

5. Evidence of record shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar and the Expert Marksmanship Qualification Badge with Rifle Bar. Therefore, he is entitled to correction of his DD Form 214, with an effective date of 8 March 1968, to show these badges.

6. The applicant's DD Form 214, with an effective date of 8 March 1968, shows the Vietnam Service Medal as an authorized awards. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of 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 two bronze service stars and correction of his DD Form 214 to show these awards.

7. 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.

8. 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, with an effective date of 8 March 1968, of the individual concerned; and

b. by adding award of the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, the Expert Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214, with an effective date of 8 March 1968.

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

BOARD VOTE:

KAN____ PHM_____ GJW___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Kathleen A. Newman____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077502
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030123
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PARTIAL
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0056
2.
3.
4.
5.
6.