Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002080399C070215
Original file (2002080399C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 April 2003
         DOCKET NUMBER: AR2002080399


         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. Arthur A. Omartian Chairperson
Mr. Thomas B. Redfern Member
Mr. Thomas E. O'Shaughnessy 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 award of the Combat Infantryman Badge (CIB).

3. The applicant states that he was given the CIB as the result of his service in Vietnam. However, he never received the certificate and the badge is not shown on his DD Form 214.

4. The applicant’s military records show that he enlisted on 17 January 1966 for a period of 3 years. He served as a clerk typist in Vietnam from 31 October 1967 through 25 October 1968 and was honorably released from active duty on
27 October 1968.

5. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.

6. There are no orders for the Combat Infantryman Badge in the applicant's service personnel records.

7. The applicant's military records show that he was assigned to Headquarters and Headquarters Company, 1st Brigade of the 9th Infantry Division in military occupational specialty (MOS) 71B (clerk typist) during his assignment in Vietnam.

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

9. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

10. 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 the unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 7 March to 22 June 1968 by Department of the Army General Orders 60, dated 1969. This award is not shown on his DD Form 214.

11. 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. This award is not shown on his DD Form 214.
12. 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. This award is not shown on his DD Form 214.

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 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.

15. 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1. The Board considered the applicant's contention that he received the CIB for his service in Vietnam. However, evidence of record shows the applicant served in MOS 71B (clerk typist) during his assignment in Vietnam.

2. There is no evidence of record that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the CIB in this case.

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

4. The applicant is entitled to the first award of the Good Conduct Medal for the period 17 January 1966 through 27 October 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant is entitled to correction of his records to show this award.

5. The applicant's unit received the Presidential Unit Citation, 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 is entitled to correction of his DD Form 214 to show these unit 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 by showing that the individual concerned was awarded the Vietnam Service Medal with three bronze service stars, the first award of the Good Conduct Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:

AAO___ TBR___ TEO_______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian__
                  CHAIRPERSON




INDEX

CASE ID AR2002080399
SUFFIX
RECON
DATE BOARDED 20030401
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0111
2. 107.0000
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002078236C070215

    Original file (2002078236C070215.rtf) Auto-classification: Approved

    The applicant states that he was awarded the CIB while in Vietnam; however, there is no record of that award. He is entitled to award of the Vietnam Service Medal with three bronze service stars (one for each campaign). 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 Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross Unit...

  • ARMY | BCMR | CY2002 | 2002075055C070403

    Original file (2002075055C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) incorrectly reflects his MOS as 71B20. His DA Form 20 (Enlisted Qualification Record), signed by the applicant, reflects the Expert Marksmanship Qualification Badge with Pistol Bar, which is not listed on his DD Form 214: Item 22 (MOS) indicates that on 18 April...

  • ARMY | BCMR | CY2007 | 20070005411C071108

    Original file (20070005411C071108.doc) Auto-classification: Denied

    Carmen Duncan | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's record shows that he was inducted into the Army of the United States on 21 July 1969. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Meritorious Unit Citation, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class...

  • ARMY | BCMR | CY2010 | 20100020744

    Original file (20100020744.txt) Auto-classification: Approved

    A DA Form 20 (Enlisted Qualification Record) shows in: * item 22 (Military Occupational Specialties) he was awarded MOS 71B (Clerk-Typist) on 17 May 1968 * item 31 (Foreign Service) he served in Vietnam from 22 January 1969 to 23 February 1970 * item 38 (Record of Assignments) he was assigned for duty in Vietnam with: * Headquarters and Headquarters Detachment, 79th Maintenance Battalion, from 25 January to 10 August 1969 * Headquarter and Headquarters Company, 3d Battalion, 8th Infantry,...

  • ARMY | BCMR | CY2001 | 2001065706C070421

    Original file (2001065706C070421.rtf) Auto-classification: Approved

    The applicant requests, in effect, that his DD Form 214 be amended to show his military occupational specialty (MOS) as 11B and to show he was awarded the Vietnam Service Medal with two bronze service stars, one overseas service bar, the Republic of Vietnam Campaign Ribbon (RVNCM) with Device 1960, the National Defense Service Medal (NDSM), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge (CIB), the Bronze Star Medal (BSM), the Expert...

  • ARMY | BCMR | CY2009 | 20090014844

    Original file (20090014844.txt) Auto-classification: Denied

    The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge (CIB). In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. Therefore, there is insufficient evidence to grant the applicant's request to award the CIB.

  • ARMY | BCMR | CY2009 | 20090015631

    Original file (20090015631.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB), two awards of the Army Commendation Medal (ARCOM), and in effect, the Vietnam Parachutist Badge. Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) lists one award of the ARCOM and the Vietnam Parachutist Badge. The Military Awards regulation governing award of the CIB states...

  • ARMY | BCMR | CY2008 | AR20080016810

    Original file (AR20080016810.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). This document shows the unit (2nd Battalion, 27th Infantry), to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Order Number 5, dated 1973 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1...

  • ARMY | BCMR | CY2009 | 20090000931

    Original file (20090000931.txt) Auto-classification: Approved

    The applicant's military service records do not contain any general orders awarding him the Purple Heart or the CIB. There is no evidence in the available records to show that the applicant should be awarded the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to the individual’s DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and b. showing he is entitled to wear a silver...

  • ARMY | BCMR | CY2014 | 20140009247

    Original file (20140009247.txt) Auto-classification: Approved

    The applicant states: * he is a Vietnam veteran * he served with the 101st Airborne Division * his BSM is not listed on his DD Form 214 * his secondary MOS (SMOS) of 71B (Clerk-Typist) is on his DD Form 214, but his PMOS of 11B is not listed * he believes that he is entitled to the CIB * there may be other division citations that are not listed on his DD Form 214 3. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to...