PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 May 2003
         DOCKET NUMBER: AR2002081399


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Thomas B. Redfern		Chairperson
Ms. Linda D. Simmons		Member
Mr. John T. Meixell		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge and the Army Commendation Medal.

3. The applicant states that his military occupational specialty (MOS) reads "personnel clerk", but he was a "radio wireman" and was in the combat zone. In support of his application, he submitted a copy of a Pictorial History of the 121st Signal Battalion, 1st Infantry Division.

4. The applicant’s military records show that he enlisted in the Regular Army on 27 December 1965 for a period of three years. He successfully completed basic and advanced individual training and was awarded MOS 72C (Telephone Switchboard Operator). He served in Vietnam from 6 June 1966 through 5 June 1967 and was honorably released from active duty on 16 December 1968.

5. The applicant's DD Form 214 does not show the Combat Infantryman Badge or the Army Commendation Medal as authorized awards.

6. There are no orders which show the applicant was awarded the Combat Infantryman Badge.

7. Item 38 (Record of Assignments) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in duty MOS 72C and was assigned to the 121st Signal Battalion during his tour in Vietnam. Orders show he was awarded primary MOS 71H (Personnel Specialist) in June 1968.

8. There are no orders in the applicant’s service personnel records which show that he was awarded the Army Commendation Medal, and there is no evidence that he was recommended for award of the Army Commendation Medal. His DA Form 20 does not list the Army Commendation Medal in item 41 (Awards and Decorations).

9. A review of the applicant's personnel records revealed that he is entitled to award of the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation which are not shown on his separation document.

10. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. However, it does not show three bronze service stars to which applicant is entitled for campaign participation.

11. Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in three campaigns of the Vietnam War.
12. 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 21, dated 1969.

13. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 121st Signal Battalion, it was cited for award of the Meritorious Unit Commendation for actions during the period June 1966 to May 1967 by Department of the Army General Orders Number 17, dated 1968.

14. 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.

15. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders are required.

16. 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. The Board considered the applicant's contention that he was a "radio wireman" and was in the combat zone. However, evidence of record shows he served in duty MOS 72C (Telephone Switchboard Operator) and was assigned to the 121st Signal Battalion during his assignment in Vietnam.

2. There is no evidence of record which shows the applicant was awarded an infantry MOS or that he served in an infantry unit in combat during his assignment in Vietnam. Therefore, the applicant is not eligible for award of the Combat Infantryman Badge and there is no basis for correcting his records to show this badge.

3. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal. Therefore, there is insufficient evidence upon which to base award of the Army Commendation Medal in this case.

4. Evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam. 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.

5. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 will be amended to show this foreign unit award.

6. While the applicant was assigned to the 121st Signal Battalion, the unit was cited for award of the Meritorious Unit Commendation. Therefore, his records will be corrected to show this award.

7. 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 the individual concerned was awarded the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation.

2. That so much of the application as it relates to award of the Combat Infantryman Badge and the Army Commendation Medal be denied.

BOARD VOTE:

TBR______ LDS____ JTM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Thomas B. Redfern_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081399
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030501
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.