PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 June 2003
         DOCKET NUMBER: AR2003083782


         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. John N. Slone		Chairperson
Ms. Lana E. McGlynn		Member
Mr. William D. Powers		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 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and the Air Medal. He also requests, in effect, two awards of the Presidential Unit Citation (correctly known as the Presidential Unit Citation with First Oak Leaf Cluster) or two awards of the Meritorious Unit Commendation (correctly known as the Meritorious Unit Commendation with First Oak Leaf Cluster).

3. The applicant states that he was issued these awards; however, his ex-wife will not give them to him and he can't get replacements until his DD Form 214 is correct. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that he was inducted on 13 August 1968. He served as a light weapons infantryman in Vietnam from 13 January 1969 through 12 January 1970 and was released from active duty on 12 August 1970.

5. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge, the Air Medal, the Presidential Unit Citation with First Oak Leaf Cluster or the Meritorious Unit Commendation with First Oak Leaf Cluster as authorized awards.

6. There are no orders for award of the Combat Infantryman Badge in this case. However, the applicant's DA Form 20 (Enlisted Qualification Record) shows that he was assigned to Company A, 1st Battalion, 35th Infantry of the 4th Infantry Division in military occupational specialty (MOS) 11B (light weapons infantryman) during his assignment in Vietnam.

7. 4th Infantry Division General Orders Number 7372, dated 30 November 1969, show the applicant received the Air Medal for meritorious service while participating in aerial flight during the period 26 January 1969 to 19 November 1969.

8. 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 not cited for any award of the Presidential Unit Citation or the Meritorious Unit Commendation while he was assigned to it.

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

10. The Board notes that the applicant is entitled to two awards of the Overseas Service Bar for his service in Vietnam. These awards are 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 38, dated 1970. 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 53, dated 1970. 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 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

15. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

16. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations and unit awards, among which are the Presidential Unit Citation and the Meritorious Unit Commendation.

17. 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.

18. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas 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 for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. 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 whole months for credit toward the overseas service bar.

CONCLUSIONS:

1. Evidence of record shows the applicant served in an infantry MOS while assigned to an infantry company in Vietnam. Therefore, the Board determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2. Evidence of record shows the applicant received the Air Medal. Therefore, his DD Form 214 should be corrected to show this medal.

3. The Board considered the applicant's contention that he is entitled to two awards of the Presidential Unit Citation or two awards of the Meritorious Unit Commendation. However, Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was not cited for any award of the Presidential Unit Citation or any award of the Meritorious Unit Commendation while he was assigned to it. Therefore, the Board determined that there is insufficient evidence on which to base any award of the Presidential Unit Citation or the Meritorious Unit Commendation in this case.

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

5. Based on the applicant's service in Vietnam from 13 January 1969 through
12 January 1970, he is entitled to two awards of the Overseas Service Bar. Therefore, his DD Form 214 should be corrected to show these awards.

6. The applicant's unit received 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, his DD Form 214 should be corrected to show these unit awards.

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 that the individual concerned was awarded the Combat Infantryman Badge, the Air Medal, the Vietnam Service Medal with four bronze service stars, two awards of the Overseas Service Bar, 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 pertains to two awards of the Presidential Unit Citation and two awards of the Meritorious Unit Commendation be denied.

BOARD VOTE:

JNS____ LEM____ WDP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003083782
SUFFIX
RECON
DATE BOARDED	20030619
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.