PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 January 2003
         DOCKET NUMBER: AR2002077918


         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:

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 amended DD Form 214 (Report of Separation from Active Duty) to show awards and decorations for his service in Vietnam.

3. The applicant states that his amended discharge document does not show his Vietnam service. In support of his application, he submits a copy of his amended DD Form 214 and DD Form 2067 (Case Report and Directive Discharge Review Board Statement of Findings, Conclusions & Reasons).

4. The applicant’s military records show that he enlisted on 15 June 1966 for a period of 3 years. He served as an infantryman in Vietnam from 1 December 1966 through 10 February 1968. On 8 May 1970, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. On 26 May 1977, the applicant’s discharge was upgraded to under honorable conditions under the Special Discharge Review Program.

5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s original DD Form 214 shows the entry, “NA” [Not Applicable]. Item 30 (Remarks) on this DD Form 214 shows the entry, “RVN [Vietnam] 1 DEC 66 – 10 FEB 68.”

6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s amended DD Form 214 shows the entry, “NA”. Item 27 (Remarks) on this amended DD Form 214 does not show any dates of service in Vietnam. However, item
19 (Indochina or Korea Service Since August 5, 1964) shows the entries “XX” in the “Yes” block and “1 DEC 66-10 FEB 68.”

7. Records show that the applicant participated in three campaigns during his assignment in Vietnam.

8. The applicant’s service personnel records show that he served as a rifleman, ammunition bearer and automatic rifleman in Company C, 4th Battalion, 31st Infantry during his assignment in Vietnam. His military occupational specialty (MOS) was 11C (infantry indirect fire crewman).

9. Item 15 (Date Entered Active Duty This Period) on the applicant’s amended DD Form 214 shows he entered active duty on 15 June 1967. However, the applicant’s DD Form 4 (Enlistment Record) shows he enlisted on 15 June 1966 for a period of 3 years.

10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after
3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

11. 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.

12. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

13. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time required that service on or after 5 August 1964 in Indochina and Korea be shown in item
30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

14. 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.

CONCLUSIONS:

1. Evidence of record shows the applicant served in Vietnam from 1 December 1966 through 10 February 1968 and participated in three campaigns. Therefore, he is entitled to correction of his amended DD Form 214 to show award of the Vietnam Service Medal with three bronze service stars and the Vietnam Campaign Medal.

2. The applicant’s amended DD Form 214 incorrectly shows his dates of service in Vietnam in item 19 (Indochina or Korea Service Since August 5, 1964). Therefore, it would be appropriate to correct item 19 (Indochina or Korea Service Since August 5, 1964) at this time.

3. In accordance with the governing regulation, the applicant is entitled to correction of item 27 (Remarks) on his amended DD Form 214 to show his dates of service in Vietnam.

4. Evidence of record shows the applicant served in an infantry MOS while assigned to an infantry company in Vietnam. Therefore, the Board determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

5. The applicant’s DD Form 4 (Enlistment Record) shows he enlisted on 15 June 1966 for a period of 3 years. His amended DD Form 214 incorrectly shows he entered active duty on 15 June 1967. Therefore, it would be appropriate to correct item 15 (Date Entered Active Duty This Period) on the applicant’s amended DD Form 214 at this time.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

         a. by deleting the entry, “NA” in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the amended DD Form 214 of the individual concerned;

         b. by adding the entries, “Vietnam Service Medal with three bronze service stars”, “Vietnam Campaign Medal” and “Combat Infantryman Badge” in item 26 on his amended DD Form 214;

         c. by deleting the entries, “XX” in the Yes Block and “1 DEC 66-10 FEB 68” in item 19 (Indochina or Korea Service Since August 5, 1964) on the amended DD Form 214;

         d. by adding the entry, “VIETNAM SERVICE: 1 DEC 66 – 10 FEB 68” in item 27 (Remarks) on the amended DD Form 214;

         e. by deleting the entry, “67 06 15” in item 15 (Date Entered Active Duty This Period) on his amended DD Form 214; and



         f. by adding the entry, “66 06 15” in item 15 on the amended DD Form 214.

BOARD VOTE:

KAN____ GJW____ PHM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Kathleen A. Newman____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077918
SUFFIX
RECON
DATE BOARDED	20030123
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	100.0000
3.
4.
5.
6.