PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 April 2003
         DOCKET NUMBER: AR2002080220


         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:

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.

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2. The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, the Army Commendation Medal, the Combat Action Ribbon and unspecified unit citations. He also requests that completion of the Noncommissioned Officers (NCO) Candidate School be shown on his DD Form 214.

3. The Board noted the applicant's request to correct his records to show award of the Combat Action Ribbon. However, the Combat Action Ribbon is not shown on his DD Form 214 covering all of his Army service, and there is no evidence the applicant served in the U.S. Navy or U.S. Marine Corps. Since the Combat Action Ribbon is a Department of the Navy award, this Board does not have authority to award the Combat Action Ribbon and it is not discussed further in these Proceedings. If the applicant believes he is entitled to award of the Combat Action Ribbon, then he may apply to the Board for Correction of Naval Records.

4. The applicant states, in effect, that his DD Form 214 does not show the Combat Infantryman Badge, the Army Commendation Medal or his graduation from NCO School at Fort Benning, Georgia. He contends that his duty assignment in Vietnam was with Company C, 3rd Battalion, 60th Infantry of the 9th Infantry Division and his military occupational specialty (MOS) was 11B (squad leader). In support of his application, he submits a letter of explanation, dated 19 September 2002; a copy of his DD Form 214; excerpts from the graduation pamphlet of NCO Candidate School, dated 26 February 1968.

5. The applicant’s military records show that he was inducted on 21 June 1967. He served as a squad leader in Vietnam from 27 May 1968 through 13 March 1969 and was honorably released from active duty on 15 March 1969.

6. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge, the Army Commendation Medal or any unit citations as authorized awards. Item 25 (Education and Training Completed) on his DD Form 214 shows the entry, "NONE."

7. There are no orders for the Combat Infantryman Badge in the applicant's service personnel records. However, the applicant's records show he was assigned to Company C, 3rd Battalion, 60th Infantry of the 9th Infantry Division in MOS 11B (squad leader) during his assignment in Vietnam.

8. 9th Infantry Division General Orders Number 3555, dated 25 March 1969, show the applicant received the Army Commendation Medal for meritorious service during the period May 1968 to March 1969.

9. 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 31, dated 1969.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

11. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was an Infantry NCO Candidate at the U.S. Army Infantry School at Fort Benning, Georgia, from 10 November 1967 until 26 February 1968. The Student Brigade Special Orders Number 48 promoted the applicant to sergeant effective
26 February 1968.

12. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in four campaigns during his assignment in Vietnam.

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

14. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. The regulation in effect at the time, in pertinent part, directs that service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 will be entered in item 25 (Education and Training Completed) on the DD Form 214.

15. 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. Evidence of record shows the applicant served in an infantry MOS in an infantry company in combat in Vietnam. Therefore, the Board determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.
2. Evidence of record shows the applicant received the Army Commendation Medal after his separation from active duty. Therefore, it would be appropriate to correct the applicant's DD Form 214 at this time to show award of the Army Commendation Medal.

3. The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant's DD Form 214 should be corrected to show these unit citations.

4. Evidence of record shows the applicant completed the Infantry NCO Candidate Course at Fort Benning, Georgia, on 26 February 1968. Therefore, the applicant is entitled to correction of item 25 (Education and Training Completed) on his DD Form 214 to show completion of this course.

5. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.

6. 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 showing that the individual concerned was awarded the Combat Infantryman Badge, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Vietnam Service Medal with four bronze service stars;

b. by deleting the entry, "NONE" in item 25 (Education and Training Completed) on the DD Form 214 of the individual concerned; and

c. by adding the entry, "Infantry NCO Candidate Course, Fort Benning, Georgia, 26 February 1968" in item 25 on his DD Form 214.



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

BOARD VOTE:

WTM___ HBO____ RJW_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Walter T. Morrison____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080220
SUFFIX
RECON
DATE BOARDED	20030417
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	100.0700
3.
4.
5.
6.