PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 July 2003
         DOCKET NUMBER: AR2003088416


         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:

Ms. Joann H. Langston		Chairperson
Ms. Regan K. Smith		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 CIB (Combat Infantryman Badge) for his service in Vietnam.

3. The applicant states, in effect, that it is his belief, that he should be awarded the CIB for his two tours in Vietnam. He was never awarded a CIB despite the fact that he spent 20 months in Vietnam as a radio operator and field wireman in combat areas.

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 enlisted in the Regular Army on
24 August 1967. 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), 36K (Field Wireman).

6. The applicant was assigned to the US Army Europe where he served with Headquarters and Headquarters Company (HHC), 1st Battalion, 35th Armor. The applicant volunteered for service in Vietnam and he departed Germany on 4 August 1968.

7. He arrived in Vietnam on 8 September 1968 and was assigned to HHC, 3rd Brigade, 25th Infantry Division, for duty in the MOS 36K.

8. The applicant was promoted to the rank and pay grade, Sergeant, E-5, on 7 July 1969, in the MOS 05B (Radio Operator) while assigned to HHC, 3rd Brigade, 25th Infantry Division.

9. At the end of his normal overseas tour of duty, the applicant extended for an additional period of six months service in Vietnam for duty with the 95th Military Police Battalion. He served with that unit from 20 September 1969 until 27 September 1969. He was reassigned back to HHC, 3rd Brigade, 25th Infantry Division. He remained with this unit until 3 April 1970 when he was returned to the United States for release from active duty.

10. The applicant was honorably released from active duty on 3 April 1970 in the rank and pay grade of Sergeant, E-5, with 2 years, 7 months, and 10 days active Federal military service. Block 24 of his DD Form 214 shows he earned the following awards and decorations: the Bronze Star Medal, the Army

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Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal. The Combat Infantryman Badge is not shown among his awards.

11. 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 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; 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."

12. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge. 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 was awarded him.

13. The applicant was awarded the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force. He was also awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force while he served in the Republic of Vietnam.

14. While in Vietnam, the applicant participated in the following five campaigns: the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; the Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; and the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970.

15. 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. The regulation further specifies that a silver service star will be awarded in lieu of five bronze service stars.

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16. 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 the unit to which the applicant was assigned during his tour of duty in Vietnam, HHC, 3rd Brigade, 25th Infantry Division, was cited for award of the Republic of Vietnam Cross of Gallantry with Palm, Unit Citation, for the period 1 September 1968 through 30 September 1970, by Department of the Army General Orders 5, dated 1973, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 1 August 1967 through 21 January 1970 by Department of the Army General Orders 51, dated 1971. The applicant is entitled to these unit awards because be was assigned to this unit at or during the time the unit was cited for the awards. These awards should therefore be shown on his DD Form 214.

17. The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar in Paragraph 87, Special Orders 268, published by Headquarters, US Army Training Center (Air Defense), Fort Bliss, Texas, dated 13 October 1967. This qualification badge is not shown on the applicant's DD Form 214.

18. Army Regulation 670-1, in effect at the time, 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 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.

CONCLUSIONS:

1. The applicant held the MOS 05B, was assigned to an infantry-type unit, performed his duties in the MOS over 8 months with that unit, and was awarded the Bronze Star Medal and the Army Commendation Medal for his meritorious service in connection with military operations against a hostile force; however, there is no evidence in his records that he engaged in active ground combat against a hostile force.

2. The applicant was contacted by a member of staff of the Board and asked to provide copies of the citations that might provide evidence that he engaged in

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active ground combat while in Vietnam. The citations do not contain language that would provide the evidence required to support award of the Combat Infantryman Badge to the applicant. The applicant is therefore not entitled to award of the Combat Infantryman Badge at this time.

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

4. The applicant served in a unit, HHC, 3rd Brigade, 25th Infantry Division, during his extended tour of duty in Vietnam that was cited for award of the Republic of Vietnam Gallantry Cross with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. He is therefore entitled to have these unit awards added to his DD Form 214.

5. The applicant served in Vietnam from 9 September 1968 to 3 April 1970, a period of over 18 months. He is therefore entitled to award of three overseas service bars and to have these added to his DD Form 214.

6. The applicant qualified sharpshooter with the 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.

7. 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 one silver service star; the Republic of Vietnam Gallantry Cross with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and three overseas service bars and adding these awards to the applicant's DD Form 214; and

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         c. adding the already awarded Sharpshooter 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 be denied.

BOARD VOTE:

__rks____ __jm____ __jhl____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Joann Langston_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088416
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/07/17
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 157	107.0111/CIB
3. 119	107.0073/VNSM
4. 140	107.0094/VNGC
5. 141	107.0095/VNCA
6. 155	107.0109/SSB