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ARMY | BCMR | CY2002 | 2002080216C070215
Original file (2002080216C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 June 2003
         DOCKET NUMBER: AR2002080216


         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. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Ms. Karen A. Heinz Member
Mr. Thomas B. Redfern 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 correction of his DD Form 214 (Report of Transfer
or Discharge) to show that he was awarded the Combat Infantryman Badge (CIB) and two unit citations for his service with the 165th Aviation Group Combat (CBT).

3. The applicant states he was entitled to the CIB and two unit citations due to his service in combat with the 1st Air Cavalry and while attached to the 165th Aviation Group (CBT). In support of his application, he submits a copy of his DD Form 214 and DA Form 20 (Enlisted Qualification Record).

4. The applicant’s military records show that he was inducted on 29 June 1970, as an infantry intelligence and operations specialist (11F). He served in Vietnam from 21 June 1971 to 16 January 1972 and was released from active duty on 18 January 1972. It is noted that he was given credit for 1 year, 6 months, and 26 days for Vietnam service; however, his total creditable service was 1 year, 6 months, and 20 days.

5. The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Vietnam Campaign Medal. His discharge document does not show any
additional awards.

6. The applicant’s DA Form 20 shows he served as an intelligence operation sergeant (11F) with Headquarters and Headquarters Company, C, 165th Aviation Group (CBT) during his service in Vietnam.

7. 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.

8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974.






9. Army Regulation 600-8-22 (Military Awards) 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. After 27 June 1950 to the present time, the current standard for award of the
Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10. There is no evidence of derogatory information in the applicant’s records.

11. Review of the applicant’s service personnel records does not reveal that
he was recommended for or entitled to any other awards or decorations.

CONCLUSIONS:

1. The evidence of record shows that he served as an intelligence operation sergeant (11F)) with HHC, 165th Aviation Group (CBT) while serving in Vietnam. There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the CIB. There also is no evidence to show that he served in an infantry unit in combat during his assignment in Vietnam. Therefore, he is not entitled to correction of his records to show the CIB.

2. The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show this award.

3. The applicant is entitled to the first award of the Good Conduct Medal for the period 29 June 1970 to 18 January 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

4. 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 for the individual concerned be corrected by showing that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the first award of the Good Conduct Medal for the period 29 June 1970 to 18 January 1972.




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

BOARD VOTE:

__ao____ __kh___ __tr____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Arthur A. Omartian__
                  CHAIRPERSON




INDEX

CASE ID AR2002080216
SUFFIX
RECON
DATE BOARDED 20030605
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19720118
DISCHARGE AUTHORITY AR . 635-200
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 157
2.
3.
4.
5.
6.


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