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ARMY | BCMR | CY2003 | 2003086813C070212
Original file (2003086813C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 October 2003
         DOCKET NUMBER: AR2003086813


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Shirley Powell 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.


2. The applicant requests award of the Combat Infantryman Badge.

3. The applicant states that he never was awarded the Combat Infantryman Badge.

4. The applicant’s military records show that he was inducted into the Army on 20 July 1966. He completed on the job training as an armor crewman at Fort Knox, Kentucky. His DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 11E (Armor Crewman) on 1 December 1966. The applicant was assigned to Vietnam in June 1967 and completed 11 months and 29 days of foreign service. He was promoted to specialist four on 4 September 1967 and has no record of any disciplinary actions. His DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

5. The applicant's DA Form 20 shows he was assigned to Troop C, 1st Squadron, 4th Cavalry, 1st Infantry Division and served in duty MOS 11E during his tour in Vietnam.

6. The applicant was released from active duty on 12 July 1968. His DD Form 214 shows he was awarded the Purple Heart, the Bronze Star Medal with "V" Device, the National Defense Service Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal after completion of 1 year, 11 months, and 23 days of active military service. He subsequently served in the U.S. Army Reserve.

7. Item 38 (Campaigns) on his DA Form 20 shows he received campaign credit for participation in the Vietnam Counteroffensive, Phase III Campaign. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the applicant also received credit for participation in the Tet Counteroffensive Campaign, the Vietnam Counteroffensive, Phase IV Campaign, and the Vietnam Counteroffensive, Phase V Campaign.

8. 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.

9. Army Regulation 600-8-22 (Military Awards), 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.
10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 4th Cavalry, 1st Squadron, this unit was cited for 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.

11. Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

CONCLUSIONS:

1. The applicant's Enlisted Qualification Record shows he was awarded an armor MOS and served as an armor crewman in MOS 11E in a cavalry squadron while assigned in Vietnam. Therefore, the applicant has not met the requirements for award of the Combat Infantryman Badge and there is insufficient basis for awarding him the Combat Infantryman Badge.

2. The 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 on his Vietnam Service Medal. Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with four bronze service stars.

3. The Board concludes that the applicant met the regulatory requirements for award of the Army Good Conduct Medal for the period 20 July 1966 through 12 July 1968. Therefore, his DD Form 214 should be corrected to show this award.

4. The Board also notes that the applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Later all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. Therefore, his records should be corrected to show these foreign unit awards.

5. 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:

         a. by awarding the applicant the Army Good Conduct Medal for the period 20 July 1966 through 12 July 1968;

         b. by showing the applicant was awarded the Army Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

         c. by showing he is authorized to wear four bronze service stars on his Vietnam Service Medal.

2. That so much of the application as it relates to award of the Combat Infantryman Badge be denied.

BOARD VOTE:

FNE_____ SP______ RD_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON




INDEX

CASE ID AR2003086813
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031007
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT IN PART
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0011
2.
3.
4.
5.
6.


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