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ARMY | BCMR | CY2002 | 2002078850C070215
Original file (2002078850C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 April 2003
         DOCKET NUMBER: AR2002078850


         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. Joseph A. Adriance Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Harry B. Oberg Member
Mr. Ronald J. Weaver 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 the Army Commendation Medal (ARCOM) and Combat Infantryman Badge (CIB) be added to his separation document (DD Form 214).

3. The applicant states, in effect, that the DD Form 214 he was issued upon his separation on 9 October 1968 does not include the ARCOM he earned and the CIB he is entitled to. He states that his military record will support his entitlement to the CIB by showing that he served as an infantryman in the Republic of Vietnam (RVN). In support of his application, he also provides an ARCOM certificate.

4. The applicant’s military records show that he was inducted into the Army of the United States on 14 October 1966. He successfully completed basic training at Fort Benning, Georgia, advanced individual training (AIT) at Aberdeen Proving Grounds, Maryland, and the basic airborne course at Fort Benning, Georgia. Upon completion of his training, he was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic) and the special qualification indicator (SQI) P (Parachutist).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN 2 December 1967 through 8 October 1968. While in the RVN, he was assigned to Company C, 3rd Battalion, 187th Infantry Regiment, United States Army Pacific (USARPAC) from 2 December 1967 through 14 July 1968; and Headquarters and Headquarters Company (HHC) of the same unit from
15 July through 8 October 1968.

6. Item 41 of the applicant’s DA Form 20 shows that he earned the following awards during his tenure on active duty: National Defense Service Medal (NDSM); Parachutist Badge; Vietnam Service Medal (VSM); RVN Campaign Medal (RVNCM) with 60 Device; and Sharpshooter Marksmanship Qualification Badge (M-16 Rifle). On 5 October 1968, the applicant audited this record, in effect, verifying that the information contained in it was correct on that date.

7. On 9 October 1968, the applicant was honorably released from active duty after completing a total of 1 year, 11 months, and 24 days of active military service and having accrued 2 days of time lost due to being absent without leave.


8. The DD Form 214 issued to him on the date of his separation lists the following awards in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): NDSM; VSM; RVNCM; Parachutist Badge; and Sharpshooter Marksmanship Qualification Badge (M-16 Rifle). The applicant authenticated this document with his signature in Item 32 (Signature of Person Being Separated), in effect, verifying that the information contained in the document was correct at the time it was prepared and issued.

9. The applicant provides a copy of a signed ARCOM certificate, dated
11 September 1968. This document indicates that he was awarded the ARCOM for exceptionally meritorious achievement for the period 1 March through 31 July 1968.

10. Army Regulation 600-8-22 (Military Awards) 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. The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

11. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that the during his tenure of assignment, the applicant’s unit (3rd Battalion, 187th Infantry Regiment) earned the following awards: Presidential Unit Citation (PUC); Valorous Unit Award (VUA); Meritorious Unit Commendation (MUC); Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS
:

1. The evidence of record shows that the period for which the applicant was awarded the ARCOM, according to the certificate he provided, overlaps a period in which his unit earned the PUC, VUA, and MUC. In the opinion of the Board, the evidence of record sufficiently corroborates the validity of the ARCOM award received by the applicant. Thus, it concludes it would be appropriate to add this award to his record at this time.


2. However, by regulation, in order to support award of the CIB, there must be evidence confirming that the individual receiving the award held an infantry MOS (11B, 11C, 11F, 11G, or 11H), and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

3. While the applicant may have performed infantry duties on occasion, the record confirms that he was never awarded an infantry MOS as either a primary or secondary specialty. Further, the record gives no indication that his chain of command in the RVN, who were in the best position to know his duties, ever recommended or awarded him the CIB. Thus, the Board finds there is an insufficient evidentiary basis on which to support awarding the applicant the
CIB at this time.

4. During the review of this case, the Board also determined that as a result of his RVN service, the applicant is entitled to receive the following unit awards: PUC; VUA; MUC; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Thus, the Board also finds that it would be appropriate to add these awards to his records at this time.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Army Commendation Medal; by showing the he is entitled to the Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that includes these awards.



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

BOARD VOTE:

__hbo___ ___rjw___ __wtm __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Walter T. Morrison____
                  CHAIRPERSON




INDEX

CASE ID AR2002078850
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/04/17
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1968/10/09
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON OS Rtn
BOARD DECISION GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2. 66 107.0020
3. 157 107.0111
4.
5.
6.


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