PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 November 2003
         DOCKET NUMBER: AR2003088889


         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. Stanley Kelley		Chairperson
Mr. Raymond J. Wagner		Member
Ms. Mae M. Bullock		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 and the Bronze Star Medal. He also requests that his DD Form 214 be corrected to show any awards and decorations to which he may be entitled.

3. The applicant states that his DD Form 214 does not reflect the Combat Infantryman Badge or the Bronze Star Medal. He did not provide any evidence in support of his claim.

4. The applicant’s military records show that he was inducted on 15 February 1968 and awarded military occupational specialty (MOS) 11B (infantry). He served in MOS 11B assigned to Company D, 1st Battalion, 6th Infantry of the 198th Brigade in Vietnam from 4 September 1968 through 18 September 1969. The applicant was honorably released from active duty on 19 September 1969 in the rank of sergeant after completing 1 year, 7 months and 5 days of creditable active service with no lost time.

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

6. There are no orders for the Bronze Star Medal in the applicant's service personnel records. There is also no evidence which shows the applicant was recommended for or awarded the Bronze Star Medal.

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

8. 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.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974.





10. 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.

11. 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.

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.

13. 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.

CONCLUSIONS:

1. Evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam. Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.




2. 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. Therefore, there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

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. Considering the applicant attained the rank of sergeant in less than two years, the Board concludes the applicant met eligibility criteria for the first award of the Good Conduct Medal for the period 15 February 1968 through 19 September 1969 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.

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

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

7. 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 his case be corrected by showing the applicant was awarded the first award of the Army Good Conduct Medal for the period 15 February 1968 through 19 September 1969.

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




3. That so much of the application as pertains to award of the Bronze Star Medal be denied.

BOARD VOTE:

SK_____ RJW____ MMB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Stanley Kelley______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088889
SUFFIX
RECON
DATE BOARDED	20031106
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.	107.0014
3.	107.0000
4.
5.
6.