Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003088245C070403
Original file (2003088245C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 October 2003
         DOCKET NUMBER: AR2003088245


         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:

Mr. Curtis L. Greenway Chairperson
Mr. Ernest W. Lutz Member
Mr. Larry C. Bergquist 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 correction of his military records to show award of the Combat Infantryman Badge, the Bronze Star Medal with "V" Device and any awards and decorations to which he may be entitled. He also requests, in effect, that item 22c (Foreign and/or Sea Service) on his DD Form 214 (Report of Transfer of Discharge) be corrected to show his service in Vietnam.

3. The applicant states that his records should be reviewed for additional awards not shown on his DD Form 214. He also contends that his foreign service is not reflected in item 22c on his DD Form 214. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that he enlisted on 30 April 1970 for a period of 2 years. He served in military occupational specialty (MOS) 71F (mail clerk) assigned to Headquarters and Headquarters Company, 1st Battalion and 2nd Battalion, 7th Cavalry of the 1st Cavalry Division in Vietnam from
18 December 1970 through 11 December 1971. On 11 December 1971, the applicant was released from active duty.

5. The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Vietnam Campaign Medal as authorized awards.

6. Item 22c on the applicant's DD Form 214 shows the entry, "USARPAC" and does not show that he served any foreign service. Item 30 (Remarks) on his DD Form 214 shows that he served in Vietnam from 18 December 1970 to
11 December 1971, a total of 11 months and 25 days.

7. There are no orders for the Combat Infantryman Badge in the applicant's service personnel records.

8. There are no orders for the Bronze Star Medal with "V" Device in the applicant's service personnel records. There is no evidence that the applicant was recommended for or awarded the Bronze Star Medal with "V" Device.

9. 1st Cavalry Division, Airmobile, General Orders Number 4176, dated 28 February 1971, show the applicant received the Army Commendation Medal for meritorious achievement for the period 26 January 1971 through 26 March 1971.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit (2nd Battalion,
7th Cavalry) is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number
42, dated 1972.

11. 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 U.S. Army Human Resources Command (formerly known as 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.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

CONCLUSIONS:

1. The Board considered the applicant's contention that he is entitled to award of the Combat Infantryman Badge. However, evidence of record shows the applicant served as a mail clerk during his assignment in Vietnam. There is no evidence of record which shows the applicant served in an infantry MOS or served in active ground combat while an assigned member of an infantry company in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2. The Board considered the applicant's contention that he is entitled to award of the Bronze Star Medal with "V" Device. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal with "V" Device. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal with "V" Device in this case.

3. The applicant received the Army Commendation Medal. Therefore, his DD Form 214 should be corrected to show this medal.

4. The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show this unit citation.

5. Review of the applicant's records and Army Regulation 600-8-22 does not reveal entitlement to any additional awards.

6. The applicant served 11 months and 25 days in Vietnam. Therefore, item 22c should be corrected to show this foreign service.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s 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 Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2. That item 22c on the applicant's DD Form 214 be corrected to show he served 11 months and 25 days of foreign service.

3. That so much of the application as pertains to award of the Combat Infantryman Badge and the Bronze Star Medal with "V" Device be denied.

BOARD VOTE:

CLG___ EWL____ LCB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Curtis L. Greenway______
                  CHAIRPERSON




INDEX

CASE ID AR2003088245
SUFFIX
RECON
DATE BOARDED 20031030
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0014
2. 107.0000
3. 100.0000
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2012 | 20120010712

    Original file (20120010712.txt) Auto-classification: Approved

    The applicant requests: a. item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected; b. the Bronze Star Medal (BSM) with First Oak Leaf Cluster with "V" Device be added to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized); and c. his Vietnam service dates shown in item 30 (Remarks) be corrected to show he departed Vietnam on 9 July 1971. Item 30 of his DD...

  • ARMY | BCMR | CY2014 | 20140002730

    Original file (20140002730.txt) Auto-classification: Approved

    While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active...

  • ARMY | BCMR | CY2009 | 20090020998

    Original file (20090020998.txt) Auto-classification: Approved

    His DA Form 20 (Enlisted Qualification Record) provides the following at: a. item 2 (Grade), sergeant (SGT), E-5; b. item 31 (Foreign Service), in Vietnam from 14 March 1970 through 17 February 1971 [11 months and 4 days]; c. item 38 (Record of Assignments), assigned to Company A, 2nd Battalion, 7th Cavalry Division in Vietnam with principal duty as a rifleman/radio telephone operator; d. item 38, all "excellent" conduct and efficiency ratings; e. item 39 (Campaigns), participation in two...

  • ARMY | BCMR | CY2006 | 20060007607C070205

    Original file (20060007607C070205.doc) Auto-classification: Approved

    The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal. The applicant's military personnel records show he participated in three campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Combat Infantryman Badge, the Air Medal, the Army Commendation with two...

  • ARMY | BCMR | CY2014 | 20140009080

    Original file (20140009080.txt) Auto-classification: Approved

    His DD Form 214 lists his authorized awards as the – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 5. This pamphlet shows the 2nd Battalion, 22nd Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968-30 September 1970 in Department of the Army General Orders (DAGO) Number 5, dated 1973. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2009 | 20090009581

    Original file (20090009581.txt) Auto-classification: Approved

    The applicant states he served with Troop C, 1st Squadron, 9th Cavalry, in Vietnam and was awarded an Army Commendation Medal for valor, a Bronze Star, and an Air Medal, but was short-changed and never received the Combat Infantryman Badge. The evidence also shows that the applicant was awarded four awards of the Army Commendation Medal (one with a "V" device), an Air Medal, and a Bronze Star Medal, all of which were omitted from his 1971 DD Form 214. As a result, the Board recommends that...

  • ARMY | BCMR | CY2014 | 20140013980

    Original file (20140013980.txt) Auto-classification: Approved

    The applicant states: * he wrote to the U.S. Army Human Resources Command (HRC) Awards and Decorations Branch to request a replacement Combat Infantryman Badge * HRC removed the Combat Infantryman Badge from his DD Form 214 claiming he was not entitled to the award because he did not have an infantry military occupational specialty (MOS) * HRC must not be aware that U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), appendix V, stated MOS 11D (Armor Intelligence Specialist) was...

  • ARMY | BCMR | CY2009 | 20090001463

    Original file (20090001463.txt) Auto-classification: Approved

    The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 July 1971 be corrected to show in Item 18 (Prior Regular Enlistments) the entry "Six (6)" instead of "Five (5)"; in Item 22c (Foreign and/or Sea Service), the entry "Korea"; in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) all of the awards he earned during his military career; in Item...

  • ARMY | BCMR | CY2010 | 20100007620

    Original file (20100007620.txt) Auto-classification: Approved

    Army Regulation 672-5-1 provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. Therefore, he is also entitled to award of three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal. Therefore, the applicant's records should be corrected to show both awards of this foreign unit award.

  • ARMY | BCMR | CY2011 | 20110012786

    Original file (20110012786.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the: * National Defense Service Medal * Vietnam Service Medal * RVN Vietnam Campaign Medal with Device (1960) * Air Medal * Army Commendation Medal 5. The evidence of record shows the applicant was awarded an infantry MOS and he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN. As a...