PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 July 2003
         DOCKET NUMBER: AR2003084893


         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. Gerard W. Schwartz		Analyst

The following members, a quorum, were present:

Ms. Gail J. Wire		Chairperson
Ms. Karen A. Heinz		Member
Mr. Robert Duecaster		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 he be awarded the Combat Infantryman Badge (CIB) and campaign credit for his Vietnam service. He additionally requests, in effect, the Air Medal.

3. The applicant states, in effect, that the above awards were not placed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and he received his CIB at Fort Lewis when he returned from Vietnam.

4. The applicant’s military records show that he entered active duty on 8 January 1969. His records show he served in Vietnam from 9 June 1969 to 8 June 1970 in Company B, 1st Battalion, 52d Infantry of the 198th Infantry Brigade, in Military Occupational Specialty (MOS) 11B (Light Weapons Infantryman). The applicant's DD 214 shows he was separated from active duty on 7 January 1971 with a honorable characterization of service. His highest grade achieved was E-4.

5. His DA Form 20 (Enlisted Qualification Record) shows that the applicant was awarded an infantry military occupational specialty. The applicant’s records show that he served in an infantry duty position while assigned to an infantry unit of regimental or smaller size, in combat, in Vietnam.

6. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns (Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970 and Sanctuary Counteroffensive) during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.

7. The applicant has indicated, in effect, that he should be awarded the Air Medal. There are no orders in the applicant’s service personnel records which show that he was awarded any Air Medal. There also is no evidence in his records that as a Light Weapons Infantryman, he was on flight status or cited for heroism, meritorious achievement or service while participating in aerial flight.

8. The applicant's military record shows that he was awarded the Army Commendation Medal based on Headquarters, Americal Division General Orders Number 4820, dated 18 May 1970. This award is not annotated on his DD Form 214.

9. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. There is no indication of indiscipline in his records.
10. 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.

11. 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 or item 39 of the DA Form 20. The regulation states that authorized bronze service stars will be worn on the appropriate service medal.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

14. Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam. This document shows the unit (1st Battalion, 52d Infantry), to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 to 31 December 1969 and 31 March 1970 to 30 June 1970 by Department of the Army General Orders Number 42, dated 1972.



CONCLUSIONS:

1. The Board considered the applicant’s request that he be awarded the CIB, campaign credit for his Vietnam service and the Air Medal. The Board also reviewed the available service personnel and medical records.

2. The Board noted that there is evidence in the applicant's service personnel records which shows that he met eligibility requirements for award of the CIB. Therefore he is entitled to correction of his DD Form 214 to reflect this badge.

3. Evidence of record shows the applicant served in three campaigns during his service in Vietnam. Therefore, he is entitled to correction of his records to show the Vietnam Service Medal with three bronze service stars.

4. The Board noted there is no evidence of record which shows that he was awarded or qualified for the Air Medal. In the absence of orders, there is insufficient evidence upon which to base award of the Air Medal.

5. General Orders show the applicant was awarded the Army Commendation Medal. Therefore, he is entitled to correction of his records to show this award.

6. The applicant is entitled to the first award of the Good Conduct Medal for the period 8 January 1969 through 7 January 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

7. General Orders show the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show this unit award.

8. In view of the foregoing, the applicant’s records should be corrected, 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 Combat Infantryman Badge, Vietnam Service Medal with three bronze service stars, Army Commendation Medal, Good Conduct Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation.




2. That so much of the application as pertains to the award of the Air Medal is denied.

BOARD VOTE:

__GJW__ __KAH__ __RD___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___________GJW___________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084893
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0111.0000
2.
3.
4.
5.
6.