PROCEEDINGS


         IN THE CASE OF:
                                   
        

         BOARD DATE: 21 October 2003
         DOCKET NUMBER: AR2002082358

         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. Antoinette Farley		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Mr. William D. Powers		Member
Mr. Frank C. Jones		Member

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The applicant did ( not ) appear before the Board and was ( not ) represented by counsel.

         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 (Report of Transfer or Discharge) dated 4 June 1971, to show award of the Combat Infantryman Badge (CIB) and award of a second Army Commendation Medal (ARCOM) with “V” Device.

3. The applicant states in effect, that he is entitled to award of the CIB, since he served in a combat unit from approximately June 1970 until January 1971. He adds, that during this period, he was a member of D Troop, 1st Battalion, 9th Calvary, Division and performed in the capacity of an infantryman. He states, that their operations included combat assaults, night ambushes and airmobile reconnaissance. He further states that his unit provided convoy security to fire bases Northwest of Saigon and “A.O.”, which extended to the Parrots Beak area along the Cambodian Border. He submits a copy of his DD Form 214 dated
4 June 1971 and copies of the General Orders, which awarded him the ARCOM, ARCOM with the “V” Device and the Bronze Star Medal with “V” Device and a letter from a comrade-in-arms concerning the CIB.

4. The orders for his Bronze Star Medal with “V” Device identify him as a member of D Troop, 1st Squadron, 9th Cavalry and the citation reads "For heroism in connection with ground combat operations against a hostile force in the republic of Vietnam. [The applicant] distinguished himself by valorous action on 9 June 1970. When his unit become engaged with a determined enemy force, with complete disregard for his own safety, he exposed himself to the intense hostile fire as he moved forward to the point of heaviest contact and began placing a heavy volume of suppressive fire upon the insurgent forces. His actions were inspirational to the other members of the unit and were instrumental in the successful completion of the mission.…" The orders for his ARCOM
with “V” Device similarly identifies him as a member of D Troop, 1st Squadron, 9th Cavalry and relates that he distinguished himself on 18 July 1970 by "Disregarding his own safety, he courageously exposed himself to the dangers inherent in the combat environment as he directed his efforts toward neutralizing the enemy threat.…"

5. The applicant’s military records show that on 31 October 1967, he enlisted in the Regular Army for a period of 3 years. He completed training and was awarded military occupational specialty (MOS) 93B20, (Air Traffic Controller). He was then transferred to the Republic of Vietnam (RVM) for duty in his MOS. He served in the Republic of Vietnam (RVN) with various units of the 1st Aviation Brigade, 10th Combat Aviation Battalion, 155th Assault Helicopter Company,
1st Squadron, 9th Cavalry and 165th Combat Aviation Group. He was separated with an honorable characterization of service, on 4 June 1971 and transferred
to the Army Reserve in the rank of Sergeant, pay grade E-5. He completed
3 years, 7 months and 4 days of creditable active service with no lost time.

6. His DD Form 214 lists his authorized awards as the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with 3 bronze service stars, the Republic of Vietnam Champaign Medal with "60" device and the Marksmanship Badge with Rifle Bar. It does not show award of the Combat Infantryman Badge.

7. His DA Form 20 (Enlisted Qualification Record) shows his duty assignment
in the RVN on 29 August 1968 with Headquarters and Headquarters (HH) Detachment, 10th Combat Aviation Group was as a Security Guard on
30 November 1968 and as a Tower Guard on 31 January 1969. On 27 March 1969, the applicant was reassigned to duty with the 155th Assault Helicopter Company in a Post Physical Security position.

8. On 14 August 1969, he returned to the United States and was assigned to Fort Stewart, Georgia. On 27 February 1970, the applicant was transferred to the RVN for duty with the HH Troop, 1st Squadron, 9th Cavalry, 1st Cavalry Division (Airmobile) as an Air Traffic Control Tower Operator and on 9 April 1971, HH Company, 165^th Aviation Group (Combat) again as a duty soldier.

9. The applicant’s service record contains copies of the three orders issued by Headquarters, 1^st Cavalry Division (Airmobile): General Orders Number 12242, dated 10 July 1970, awarded him the Bronze Star Medal for Heroism with “V” Device; General Orders Number 15623, dated 23 August 1970, awarded him the ARCOM for Heroism, with “V” Device and General Orders Number 20479, dated 23 November 1970, awarded him a second ARCOM.

10. Department of the Army Pamphlet 672-3 Unit Citation and Campaign Participation Credit Register, shows that Headquarters& Headquarters Company 1st Aviation Brigade, 1st Cavalry Division was awarded the Valorous Unit Award for action for the period 1 May – 29 June 1970, by Department of the Army General Orders (DAGO) 43, dated 1972.

11. In addition, to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period May 69 to February 1970, DAGO Number 11, dated 1973, amended DAGO 42, dated 1972 and the Republic of Vietnam Civil Actions Honor Medal, unit award for the period 1 January 1969 to 1 February 1970, by DAGO 42, 1970.

12. The applicant's record also shows that he participated in seven campaign periods while serving in Vietnam: Counteroffensive V, ending on 1 November 1968; Counteroffensive Phase VI, ending on 22 February 1969;
Tet 69 Counteroffensive, ending on 8 June 1969; Vietnam Summer-Fall
1969, ending on 31 October 1969; Vietnam Winter-Spring 1970, ending on
30 April 1970; Sanctuary Counteroffensive 1970, ending on 30 June 1970; Counteroffensive Phase VII, ending on 30 June 1971.
13. 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. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal and/or the use of a silver service star in lieu of five bronze service stars. The regulation also provided that a bronze oak leaf cluster is used to denote the second and succeeding awards of most personal decorations, including the Bronze Star Medal and the Army Commendation Medal.

14. The available records do not show that the applicant was awarded the Good Conduct Medal (GCMDL). However, there is no evidence of misconduct or that his unit commander disqualified him from award of the GCMDL. There is also no evidence of derogatory information contained in the available records.

15. Army Regulation 600-8-22 provides that the 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 GCMDL, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

16. Army Regulation 600-8-22 provides, in pertinent part, that the CIB 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, Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

17. A comrade-in arms writes that he served with the 9^th Infantry Division for the first 3 months of his Vietnam tour, but when the 9^th Infantry Division was sent home he joined the applicant in D Troop, 1st Squadron, 9th Cavalry Regiment. He adds "While I received the CIB when I was with the 9th ID, all members of the 1st of the 9th did receive the CIB while they were with us. [The applicant] was an active member of our troop this entire time and was involved in all our activities and missions. [The applicant] earned his CIB many times over while he was assigned to the 1st Squadron 9th Cav.” The writer includes a copy of the Fall 1970, issue of FIRST TEAM {A 1ST Cavalry Division newsletter} which features an article about D Troop’s engagement on 18 July 1970.

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CONCLUSIONS:

1. The applicant was awarded the Bronze Star Medal for Heroism, with “V” Device. His DD Form 214 does not reflect this fact. He is, therefore, entitled to have his record corrected to show a BSM with “V” Device.

2. The applicant was awarded two ARCOMs, one for meritorious service and one, with “V” Device, for heroism. His DD Form 214 only reflects one ARCOM and does not indicate that the “V” Device is authorized. He is, therefore, entitled to have his record corrected to show the ARCOM with Oak Leaf Cluster, and “V” Device.

3. The applicant is also entitled to one silver service star and two bronze
service stars for wear on his Vietnam Service Medal, based on his participation during seven campaign periods while serving in the RVN from 22 August 1968 to
15 August 1969 and from 21 March 1970 to 4 June 1971. These awards should also be added to his DD Form 214.

4. A review of Department of the Army publications concerning unit awards shows that during the time the applicant was assigned to the RVN, the unit to which he was assigned earned credit for award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These awards should also be added to his DD Form 214.

5. Additionally, the applicant has also distinguished himself by years of “exceptional” conduct, efficiency and fidelity, his offense free behavior and
his promotion to Sergeant (E-5) from the period 8 November 1967 through
9 April 1971. It is in the interest of justice to award him Army GCMDL. This award should also be added to his DD Form 214.

6. Notwithstanding the opinion of the applicant's supporter that he deserves the CIB and the two citations which shows he fought valiantly as a member of D Troop, 1st Squadron, 9th Cavalry His DA Form 20 does not show that he was ever assigned or attached to that unit.); there is no available evidence that the applicant ever held an infantry MOS that would make him eligible for award of the CIB. Unfortunately, there is insufficient evidence to show that award of the CIB is appropriate.

7. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below rectifies an injustice and corrects errors.

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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 Good Conduct Medal, the Bronze Star Medal for Heroism with “V” Device, the Army Commendation Medal with First Oak Leaf Cluster, and “V” Device, the Vietnam Service Medal with one silver service star and two bronze service stars, the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Medal First Class Unit Citation.

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

BOARD VOTE:

___MHM_ ___WDP ___FCJ__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____________________
                  CHAIRPERSON

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INDEX

CASE ID	AR200282358
SUFFIX
RECON
DATE BOARDED	2003.10.21
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON
BOARD DECISION	GRANT PART
REVIEW AUTHORITY	DASA
ISSUES 1.	A107.0000
2.	A107.0056
3.	A107.0020
4.	A107.0073
5.	A107.0094
6.	A107.0095