PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 October 2003
         DOCKET NUMBER: AR2003088020


         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:

Ms. Joann Langston		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Arthur A. Omartian		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.

3. The applicant states, in effect, that his military occupational specialty (MOS) was 11B (infantry) during his assignment in Vietnam. In support of his application, he submits a copy of his DD Form 214 and his DA Form 20 (Enlisted Qualification Record).

4. The applicant’s military records show that he was inducted on 8 February 1968 and was awarded MOS 11B. His principal duty was security guard while he was assigned to Advance Team 60, IV Corps Advance Group, U.S. Military Assistance Command Vietnam in MOS 11B during his assignment in Vietnam from 28 July 1968 through 27 July 1969. On 6 February 1970, the applicant was released from active duty in the rank of specialist four after completing 1 year, 11 months, and 29 days of creditable service with no lost time.

5. The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, two awards of the Overseas Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

7. The applicant's service personnel records show he participated in four campaigns during his assignment in Vietnam.

8. Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

9. 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.

10. U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge. Appendix 3 to Annex A of this regulation listed advisor positions in Military Assistance Command, Vietnam, which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized. Appendix 3 to Annex A states that personnel having the primary duty of security guard were not eligible for award of the Combat Infantryman Badge.

11. 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying. However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

12. 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.

CONCLUSIONS:

1. Evidence of record shows the applicant held MOS 11B and served as a security guard in MOS 11B while assigned to Advance Team 60, IV Corps Advance Group, U.S. Military Assistance Command Vietnam. There is no evidence of record which shows the applicant served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. In accordance with the governing regulation, personnel having the primary duty of security guard were not eligible for award of the Combat Infantryman Badge. Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2. Considering the applicant attained the rank of specialist four in less than
two years, the Board concludes the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 8 February 1968 through
6 February 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant's DD Form 214 should be corrected to show this award.
3. 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.

4. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam. This unit award should also be added to his DD Form 214.

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 by showing that the applicant was awarded the first award of the Good Conduct Medal for the period 8 February 1968 through 6 February 1970.

2. That the DD Form 214 of the applicant be corrected to show award of the first award of the Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3. That so much of the application as pertains to award of the Combat Infantryman Badge be denied.

BOARD VOTE:

JL_____ MKP____ AAO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Joann Langston__________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088020
SUFFIX
RECON
DATE BOARDED	20031023
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.	107.0000
3.
4.
5.
6.