PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 February 2003
         DOCKET NUMBER: AR2002080674


         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. William Blakely		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Lester Echols		Member
Mr. Allen L. Raub		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, that his military records be corrected to show that he was awarded the Combat Infantryman Badge (CIB), his military occupational specialty (MOS) as 11B (Infantryman), and his correct unit of assignment.

3. The applicant states, in effect, that his DD Form 214 incorrectly shows his MOS and does not show the CIB as an authorized award. Also his military records incorrectly list his unit of assignment as Long Range Patrol (LRP). In support of his application, he submits a copy of unit orders that awarded him the CIB and his separation document (DD Form 214).

4. The applicant’s military records show that he entered the Army for a period of 3 years on 10 July 1967. He was trained in, awarded, and served in military occupational specialty (MOS) 05B (Radio Operator). He continuously served on active duty for 2 years, 5 months, and 14 days, until being honorably released from active duty (REFRAD) on 23 December 1969, by reason of permanent disability retirement.

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 27 December 1968 to 7 March 1969. It also shows in Item 38 (Record Of Assignment) that while serving in the RVN, he was assigned to Company D, Long Range Patrol (LRP), 151^st Infantry, and that he performed duties in MOS 05B as a Radio Operator. Item 41 (Awards and Decorations) shows that he earned the following awards during his active duty tenure: Purple Heart; National Defense Service Medal; Vietnam Service Medal; and RVN Campaign Medal with 60 Device.

6. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents indicating that his MOS was ever changed to 11B (Infantryman) or that he was recommended for or awarded a CIB. The MPRJ is also void of derogatory information that would have disqualified the applicant from receiving the Army Good Conduct Medal (AGCM) or of any indication that he was ever disqualified from receiving the AGCM by any of the active duty unit commanders for which he served.

7. The applicant provides a copy of Unit Orders Number 17, dated 29 March 1969, which was issued by Company D (Ranger), 151^st Infantry. These orders authorized the award of the CIB to the applicant, and the MOS listed was
11B (Infantryman).

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8. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) 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.

9. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN.

10. Table B-1 of Army Regulation 600-8-22 lists all campaigns, service requirements, and inscriptions for streamers. This document confirms the applicant participated in two campaigns during his tenure in the RVN: Vietnam Counteroffensive Phase VI; and the Tet 69 Counteroffensive, 1969.

11. United States Army Vietnam Regulation Number 672-1 (Awards and Decorations) contained the policy guidance on awarding the CIB in the RVN. Appendix 3 to Annex A of this regulation listed positions which qualified for award of the CIB. It stated, in pertinent part, that the CIB was authorized for award to members serving in MOS 05B as Radio Operators provided their primary duty was to accompany infantry or infantry type units on tactical operations.

12. Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1. The evidence of record shows that he served in the RVN from 27 December 1968 to 7 March 1969. It also shows that while serving in the RVN, he was assigned to Company D, LRP, 151^st Infantry (Ranger), and that he performed duties in MOS 05B (Radio Operator).

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2. By regulation, the CIB was authorized for award to members serving in the RVN in MOS 05B as Radio Operators, provided their primary duty was to accompany infantry or infantry type units on tactical operations. Therefore, the Board concludes that the applicant was entitled to receive CIB based on his service as a Radio Operator with an infantry unit in the RVN, as indicated in the Unit Orders he provided.

3. However, notwithstanding the MOS of 11B shown in the Unit Orders provided by the applicant, the record clearly shows that the only MOS he held during his active duty tenure was 05B (Radio Operator). Thus, the Board finds insufficient evidence to support changing his record to show he held the MOS 11B (Infantryman).

4. The evidence of record confirms that the applicant served a qualifying period of honorable service, from 10 July 1967 to 23 December 1969, which entitles him to receive the first award of the AGCM. Lacking any derogatory information on file and/or a specific disqualifying action from any of the active duty commanders for which he served that would preclude him from receiving this award, the Board concludes that it would be appropriate to add it to his record at this time.

5. The record also confirms that service in the RVN and his participation in two campaigns entitles him to 2 bronze service stars with his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Thus, the Board further concludes that it would be appropriate to add these awards to his record at this time.

6. Although technically there is no error in the unit listed in the applicant’s
DD Form 214, it is clear that the 151^st Infantry was a Ranger unit, as confirmed in the historical records and as indicated in the Unit Orders provided by the applicant. Thus, since a corrected separation document will be issued to add the awards indicated above, the Board has no objection to adding the Ranger designation to the unit listed in his separation document at this time.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Combat Infantryman Badge and two bronze service stars with his Vietnam Service Medal; by awarding him the first award of the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; by amending the entry in Item 12 (Last Duty Assignment and Major Command) of his 23 December 1969 DD Form 214 to read “CoD (LRP), 151^st Infantry (Ranger), USARPAC”; and by providing him a corrected separation document that reflects these changes.

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

BOARD VOTE:

__JHL__ __ LE _ __ ALR __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Raymond V. O’Connor, Jr._
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080674
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/02/20
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	Partial Relief
REVIEW AUTHORITY
ISSUES 1.	100.0500
2.	107.0056
3.	107.0111
4.
5.
6.