PROCEEDINGS


         IN THE CASE OF
        

         BOARD DATE: 22 July 2003
         DOCKET NUMBER: AR2003084649

         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:

Mr. John N. Slone		Chairperson
Mr. Thomas D. Howard		Member
Mr. Thomas Lanyi		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).

3. The applicant states, in effect, that it was required that military occupational specialty (MOS)17K (Ground Surveillance Radio Operator) be assigned to an infantry unit in the Republic of Vietnam (RVN). He states that he was advised by his commander that MOS 17K (Ground Surveillance Radio Operator) was an infantry MOS and that he would be assigned to an infantry unit.

4. The applicant’s military records show that he entered the Army for a period of 2 years on 25 September 1969. He was trained in, awarded, and served in MOS 17K (Ground Surveillance Radio Operator). He continuously served on active duty for 1 year, 7 months, and 6 days, until being honorably released from active duty (REFRAD) on 30 April 1971, by reason of early separation of overseas returnee.

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 2 May 1970 to 1 May 1971. It also shows in Item 38 (Record of Assignments) that he performed duties in MOS 17K Ground Surveillance Radio Operator while serving in the RVN with the following units: Company E, 6^th Battalion, 31^st Infantry Regiment; Headquarters, and Headquarters Company, 3^rd Squadron, 4^th Cavalry Regiment; and Headquarters and Headquarters Company, 1^st Cavalry Division.

6. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents indicating that he was recommended for or awarded a CIB. Item 41 (Awards and Decorations) of his DA Form 20 contains an entry indicating he was awarded the CIB in Special Order 186, issued by the 9^th Infantry Brigade.

7. The applicant’s MPRJ contains no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the active duty unit commanders for whom he served.

8. The applicant’s MPRJ did contain a copy of General Orders Number 7546, dated 6 April 1971, issued by Headquarters, 1^st Cavalry Division, which awarded the applicant the ARCOM (1^st Oak Leaf Cluster), for meritorious service in support of military operations against a hostile force while serving in the RVN from 23 February 1971 to 23 April 1971.

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9. On 30 April 1971, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 7 months, and 6 days of active military service. The separation document (DD Form 214) issued to him upon his REFRAD shows that he earned the following awards during his tenure on active duty: National Defense Service Medal; Vietnam Service Medal; and Vietnam Campaign Medal. The CIB is not included in this list of earned awards. The applicant authenticated this document with his signature on the date of his separation, thereby, verifying that information therein, to include the list of earned awards, was correct at the time the DD Form 214 was prepared and issued.

10. In the processing of this case, the unit historical files of the 9^th Infantry Division that are maintained at the National Archives, College Park, Maryland, were reviewed to determine if the applicant’s contentions could be supported by the unit records. This search failed to produce a copy of Special Order Number 186, issued by the 9^th Infantry Brigade, and the unit historical records gave no indication that the applicant was ever awarded the CIB.

11. 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.

12. 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.

13. Table B-1 of the awards regulation lists all campaigns, service requirements, and inscriptions for streamers. This document confirms the applicant participated in two campaigns during his tenure in the RVN: DA Sanctuary Counteroffensive; Vietnam Counteroffensive Phase VII.

14. 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. MOS 17K, Ground Surveillance Radio Operator, was not included in this list of approved non-infantry positions authorized to receive the CIB.

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15. 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 Board notes the applicant’s contention that he should be awarded the CIB as result of his serving in MOS17K (Ground Surveillance Radio Operator) while assigned to an infantry unit in the RVN; however, it finds insufficient evidence to support this claim.

2. During the Vietnam era, the governing regulation authorized the award of the CIB to members serving in certain non-infantry MOSs, provided their primary duty was to accompany infantry or infantry type units on tactical operations. MOS 17K (Ground Surveillance Radio Operator) was not one of these non-infantry MOSs.

3. Although there is a handwritten entry in Item 41 (Awards and Decorations) of the applicant’s DA Form 20, which shows he was awarded the CIB in Special Order Number 186, issued by the 9^th Infantry Brigade, on the date of his separation, the applicant authenticated his DD Form 214 with his signature, thereby verifying that the information contained therein was correct. This included a list of earned awards that did not include the CIB. Based on these factors, and the fact that the MOS he served in was not among those authorized to receive the CIB, the Board concludes there is an insufficient evidentiary basis to support the applicant’s claim of entitlement to the CIB.

4. The evidence of record does confirm that the applicant served a qualifying period of honorable service, from 25 September 1969 to 30 April 1971, 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 whom 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 the applicant was awarded the ARCOM
(1^st Oak Leaf Cluster), and that his service in the RVN and his participation in two campaigns entitles him to 2 bronze service stars with his Vietnam Service Medal and to 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. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the first award of the Army Good Conduct Medal, for his honorable period of service from 25 September 1969 to 30 April 1971; by showing that he earned the Army Commendation Medal (1^st Oak Leaf Cluster), two bronze service stars with his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:

_TDH__ __JS__ __TL__ GRANT AS STATED IN RECOMMENDATION

________ ________ ___ GRANT FORMAL HEARING

________ ________ ____DENY APPLICATION




                 
                  John N. Slone
         CHAIRPERSON

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INDEX

CASE ID	AR2003084649
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR
DISCHARGE REASON
BOARD DECISION	Partial Relief
REVIEW AUTHORITY
ISSUES 1. 157	107.0111
2.
3.
4.
5.
6.