PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 May 2003
         DOCKET NUMBER: AR2003084992


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Thomas B. Redern, III		Chairperson
Ms. Linda D. Simmons		Member
Mr. John T. Meixell		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 he be awarded the Combat Infantryman Badge, Air Medal, Good Conduct Medal and two unit citations and to have these awards added to his DD Form 214, Report of Transfer or Discharge.

3. The applicant states, in effect, that he was awarded these medals and they were not entered on his DD Form 214.

4. The applicant provided a copy of his DD Form 214 in support of his application.

5. The applicant’s military records show that he was inducted into the Army on 23 November 1965. He completed basic combat and advanced individual training at Fort Carson, Colorado, and was awarded the military occupational specialty (MOS), 11D (Armor Intelligence Specialist).

6. He arrived in the Republic of Vietnam on 2 July 1966 and was assigned to
D Troop, 1st Squadron, 9th Cavalry, 1st Cavalry Division, and was assigned duty as a Scout Observer. He remained assigned to that unit until his return to the United States on 28 June 1967.

7. The applicant was assigned to Fort Carson, Colorado, on his return from Vietnam, until he was honorably released from active duty, on 22 November 1967, in the rank and pay grade of Specialist 4, E-4, with 2 years active Federal military service. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal during his Army service. The Air Medal, the Good Conduct Medal, the Combat Infantryman Badge, and unit citations are not shown among his authorized awards.

8. There are no orders in the applicant's service personnel records awarding him either the Good Conduct Medal or the Combat Infantryman Badge. There are also no entries in Item 41 (Awards and Decorations) of his DA Form 20, Enlisted Qualification Record, indicating that the Air Medal, the Good Conduct Medal or the Combat Infantryman Badge were awarded him. The Air Medal, the Good Conduct Medal and the Combat Infantryman Badge are not shown in Block 24, of the applicant's DD Form 214.

9. The applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight for the period July 1966 to December 1966. Award of the Air Medal was announced in General Orders Number 76, Paragraph 1, published by the 1st Cavalry Division (Airmobile), dated 6 January 1967.

10. During his tour of duty in the Republic of Vietnam, the applicant participated in two campaigns: the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; and the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968.

11. Army Regulation 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

12. The above referenced regulation provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13. This same regulation also 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. 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.

14. The regulation further provides for award of a bronze service star, based on qualifying service, for each campaign listed in the regulation's Appendix B, and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

15. Army Regulation 600-8-22 also sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman. An entry appears in Item 29 (Qualification in Arms), of the applicant's DA Form 20,which indicates that the applicant qualified sharpshooter with the M-14 Rifle on 26 January 1966.

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16. Army Regulation 670-1, in pertinent part, states that the Republic of Vietnam Cross of Gallantry with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, are authorized for permanent wear by individuals who were assigned and present for duty with a unit during the period cited for at least 30 consecutive days of the period cited.

17. The above regulation governed the requirements for the Overseas Service Bar. In pertinent part, it provided 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. One overseas service bar is authorized for each
six-month period served in the Republic of Vietnam. To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

18. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows the unit to which the applicant was assigned during his tour in Vietnam, D Troop, 1st Squadron, 9th Cavalry, 1st Cavalry Division, was cited for award of the Presidential Unit Citation for the period 2 through
24 October 1966 by Department of the Army General Orders Number 5, dated 1969, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm, for the period 20 July 1965 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.

CONCLUSIONS:

1. There is no evidence, and the applicant has provided none, that would indicate he was awarded or held an infantry MOS while he served in the Republic of Vietnam. The evidence of record shows that he was trained and held the MOS 11D throughout his active duty service. This MOS is other than an infantry MOS; therefore, he is not eligible for award of the Combat Infantryman Badge.

2. There is no evidence of any indiscipline or that any of his unit commanders disqualified him from award of the Army Good Conduct Medal. The applicant was awarded the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam, and had no lost time during his Army service. It is the Board’s feeling that he was not awarded the Good Conduct Medal due to administrative oversight and he is therefore entitled to this award for the period 23 November 1965 through 22 November 1967 and to have this award shown on his
DD Form 214.

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3. The applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam for the period July 1966 to December 1966. The award of the Air Medal was announced in general orders and it would be appropriate to add this award to his DD Form 214 at this time.

4. The applicant served in a unit during his tour of duty in the RVN that was cited for award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. He is therefore entitled to have these unit awards added to his DD Form 214.

5. The applicant was present and participated in 2 campaigns during his tenure in the Republic of Vietnam; therefore, he is entitled to 2 bronze service stars to be affixed to his already awarded Vietnam Service Medal.

6. The applicant arrived in the Republic of Vietnam on 2 July 1966 and returned to the United States on 28 June 1967. He is eligible for award of 2 Overseas Service Bars and to have these shown on his separation document.

7. The applicant qualified sharpshooter with the M-14 Rifle. This qualification should be shown appropriately on his DD Form 214.

8. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by:

         a. deleting the Vietnam Service Medal from Block 24 of the applicant's
DD Form 214;

         b. awarding the applicant the Good Conduct Medal for the period
23 November 1965 through 22 November 1967, the Vietnam Service Medal with 2 bronze service stars, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and 2 Overseas Service Bars; and

         c. adding the already awarded Air Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar to Block 24 of the applicant's DD Form 214.

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

BOARD VOTE:

___tbr__ __lds___ __jtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Thomas B. Redfern, III
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084992
SUFFIX
RECON
DATE BOARDED	20030501
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0111
3.
4.
5.
6.