PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 14 August 2003
         DOCKET NUMBER: AR2002081722


         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. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. James E. Anderholm		Member
Ms. Linda M. Barker		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 that his records be corrected to show award of the Combat Infantryman Badge (CIB).

3. The applicant states, in effect, that he was assigned to an infantry company and served as an infantryman in Vietnam in 1969 and, as such, is entitled to the CIB.

4. The applicant’s military records show that he entered active duty on 2 December 1968. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5. The applicant was assigned to a replacement company in Vietnam on 28 May 1969 and reassigned to Company A, 5^th Battalion, 46^th Infantry Regiment, 198^th Infantry Brigade on 8 June 1969 as a rifleman. On 12 August 1969 he was reassigned and his MOS was changed to 05C Radio Operator.

6. The applicant remained in Vietnam with assignment to the 135^th Engineer Detachment from 13 August 1969 through 21 December 1969 and then with the 290^th Quartermasters Detachment from 22 December 1969 through 27 April 1970.

7. The applicant was transferred to a Medical Company at William Beaumont General Hospital, El Paso, Texas and received a change of MOS to 03C, Physical Activities Specialist.

8. On 12 February 1972, the applicant was released from active duty and transferred to the US Army Reserve Control Group.

9. The applicant’s DD Form 214 (Report of Transfer or Discharge) lists his awards and decoration as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal and the Expert Badge with Rifle Bar. It shows he had 3 years, 2 months and 23 days of service with 1 year spent in Vietnam.

10. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 29 May 1969 through 27 April 1970. It lists four campaigns and authorized, but not awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Expert Badge with Rifle Bar, and 2 Overseas Service Bars.

11. In May 2002 the applicant’s records were administratively corrected to show his award of the Good Conduct Medal.

12. Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB. That paragraph states that there are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry and satisfactorily performed duty while assigned or attached as a member of an infantry of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

13. 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.

14. Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973. Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days. It also authorizes 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 appropriated campaign or service medal including the Vietnam Service Medal. A silver service star is worm in lieu of five bronze service stars. The designated campaign periods include but are not limited to: the Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969; the Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969; the Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970; and the Sanctuary Counteroffensive 1 May 1970 - 30 June 1970.

15. 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 units to which the applicant was assigned were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 42, dated 1972. No other unit awards or citations were noted for any of the units to which the applicant was assigned during the period he served with them.

16. Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.

CONCLUSIONS:

1. Although the applicant served in the capacity of an infantryman for only two months, he met the requirements for award of the CIB by serving as a rifleman in an infantry company. It is an injustice not to show that he is entitled to and awarded the CIB for this service.

2. The applicant served in Vietnam during four campaigns and is authorized four bronze service stars to be worn on his Vietnam Service Medal.

3. The applicant is authorized award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

4. The applicant’s records show that he is authorized two Overseas Service Bars.

5. In view of the foregoing findings and conclusions, it would correct an error and rectify an injustice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is authorized award of the Combat Infantryman Badge, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and two Overseas Service Bars.

BOARD VOTE:

_RVO___ _JEA____ __LMB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Raymond V. O'Connor, Jr._
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081722
SUFFIX
RECON
DATE BOARDED	20030814
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT,(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	CIB
2.	Service stars
3.
4.
5.
6.