PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2003
         DOCKET NUMBER: AR2003088241


         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. Stanley Kelley		Chairperson
Mr. Christopher J. Prosser		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 and his counsel request, in effect, that he [the applicant] be awarded the Combat Infantryman Badge or the Combat Action Ribbon for his service in Vietnam.

3. The applicant states, in effect, that as an Army radioman and counter mortar radar operator, he was attached to and served in combat with Marine Corps infantrymen of the 3rd Marine Division.

4. The applicant provides a copy of his DD Form 214, Report of Transfer or Discharge, in support of his application.

5. The applicant’s military records show that he was inducted into the Army of the United States on 20 April 1966. He completed basic combat training at Fort Bliss, Texas, and his advanced individual training at Fort Huachuca, Arizona. After completing all required training, he was awarded the military occupational specialty (MOS), 05B (Intermediate Speed Radio Operator).

6. The applicant was assigned to Vietnam and he arrived there on 3 February 1967 and was assigned to Battery C, 6th Battalion, 71st Field Artillery. On 20 September 1967, the applicant was reassigned to Headquarters and Headquarters Battery, 8th Battalion, 26th Field Artillery, for duty in the MOS 17B (Field Artillery Radar Crewman), and on 18 November 1967; he was further assigned to the 239th Field Artillery Radar Detachment.

7. The applicant was honorably released from active duty on 2 February 1968 under the provisions of Army Regulation (AR) 635-200, Chapter 5, as an overseas returnee, in the rank and pay grade of Private First Class, E-3, with 1 year, 9 months, and 13 days active Federal military service. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards: the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and 2 overseas service bars. Neither the Combat Infantryman Badge nor the Combat Action Ribbon is shown among his awards.

8. AR 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge 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,

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11G, or 11H; however, paragraph 3b(15), Appendix 3 to Annex A, US Army Vietnam Regulation 672-1 states that radio operators are eligible for award of the Combat Infantryman Badge "if the primary duty is to accompany infantry or infantry-type units on tactical operations."

9. The Combat Action Ribbon was authorized on 17 February 1969 and is awarded to members of the Navy, Marine Corps and Coast Guard for combat action service. The principal requirement is that the personnel must have been in ground or surface combat firefight, or action during which they were under enemy fire, and that their performance under fire must have been satisfactory.

10. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge or the Combat Action Ribbon. There is also no entry in Item 41, Awards and Decorations, of his DA Form 20, Enlisted Qualification Record, indicating that the Combat Infantryman Badge or the Combat Action Ribbon was awarded him.

11. While in Vietnam, the applicant participated in the following three campaigns: the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; and the Tet Counteroffensive, which extended from 30 January through 1 April 1968.

12. AR 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.

13. According to 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 that the applicant was assigned to units subordinate to the United States Army, Vietnam (USARV). Department of the Army General Order Number 8 dated 1974 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to USARV and its subordinate units. As such, the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award is not shown on his DD Form 214 and it would be appropriate to add it to this document at this time.

14. The applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar in Paragraph 105, Special Orders 153, published by

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Headquarters, US Army Training Center (Air Defense), Fort Bliss, Texas, dated 5 June 1966. This qualification badge is not shown on the applicant's DD Form 214.

CONCLUSIONS:

1. The applicant held the MOS 05B but there is no evidence that he was either assigned or attached to an Army or Marine Corps infantry-type unit and that he engaged in active ground combat against a hostile force. The evidence of record shows that throughout his tour of duty in Vietnam he was assigned to Army field artillery units.

2. As a member of the Army in Vietnam, the applicant would not have been eligible for award of the Combat Action Ribbon even if all other criteria for its award had been met.

3. The applicant participated in three campaigns during his tour of duty in Vietnam. He is therefore entitled to award of three bronze service star to be affixed to his already awarded Vietnam Service Medal and to have them shown on his separation document.

4. The applicant served in units during his tour of duty in Vietnam that were subordinate to USARV. USARV and its subordinate units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. He is therefore entitled to have this unit award added to his DD Form 214.

5. The applicant qualified marksman with his assigned M-14 Rifle. Orders announcing this qualification were published and are in his service personnel records. The qualification badge is not shown on his DD Form 214. It would be appropriate to add this badge to his separation document at this time.

6. 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 Vietnam Service Medal with three bronze service stars affixed to it; and the Republic of Vietnam Gallantry Cross with Palm, Unit Citation and adding these awards to the applicant's DD Form 214; and

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         c. adding the already awarded Marksman Marksmanship Qualification Badge with Rifle Bar to the applicant's DD Form 214.

2. That so much of the application as is in excess of the foregoing, awarding the Combat Infantryman Badge or the Combat Action Ribbon to the applicant, be denied.

BOARD VOTE:

__jm____ ___sk___ ___cjp __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Stanley Kelley ______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088241
SUFFIX
RECON
DATE BOARDED	2003/09/11
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000/DE
2. 76	107.0030
3. 157	107.0111
4.
5.
6.