PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 August 2003
         DOCKET NUMBER: AR2003090889

         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Robert L. Duecaster		Member
Ms. Marla J. Troup		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 the Combat Infantryman Badge (CIB) and Air Medal (AM) he received, and the Jungle Warfare School he completed be added to his separation document (DD Form 214).

3. The applicant states, in effect, that he believes the record to be in error because the CIB and AM he received were omitted from Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his 10 September 1970 DD Form 214, and the Jungle Warfare Course he completed was not included in Item 25 (Education and Training) of this same document.

4. The applicant’s military records show that he was inducted into the Army and entered active duty on 5 February 1969, and that he was trained and served in military occupational specialty (MOS) 11B (Infantryman).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that
he served in the Republic of Vietnam (RVN) from 8 August 1969 through
8 September 1970. While serving in the RVN, he was assigned to Company G (Ranger), 75^th Infantry Regiment, performing duties in MOS 11B from 21 August 1969 through 11 February 1970, and to the 71^st Aviation Company, performing duties as a door gunner from 12 February through 8 September 1970. Item 37 (Military Education) lists only the Light Weapons Infantry Course as a completed military service school, and does not include the Jungle Warfare Training Course.

6. Item 35 (Record of Assignments) of the applicant’s DA Form 20 indicates that he received “Excellent” conduct and efficiency ratings in every unit in which served while on active duty. Further, his Military Personnel Records Jacket (MPRJ) is void of any derogatory information or of a specific Army Good Conduct Medal (AGCM) disqualification action from any of his active duty unit commanders.

7. On 10 September 1970, the applicant was honorably released from active duty after completing 1 year, 7 months, and 6 days of active military service. The DD Form 214 issued to him on that date lists the following awards in Item 24: National Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal; Army Commendation Medal 1st Oak Leaf Cluster; and 2 Overseas Bars,

8. The applicant provides a copy of Special Orders Number 365, dated
31 December 1969, issued by Headquarters, Americal Division, RVN, which awarded him the CIB based on his qualifying service with Company G (Ranger), 75^th Infantry Regiment.

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9. The applicant also provides a copy of Special Orders Number 139, dated
13 June 1969, issued by Headquarters, United States Army Training Center, Infantry, Fort Jackson, South Carolina. These orders directed the applicant’s reassignment to Fort Lewis, Washington for further assignment to the RVN. They also directed a temporary duty enroute assignment to the Jungle Operations Training Center, APO NY 09837.

10. Army Regulation 635-5 prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Section III, in effect at the time, contained instructions for the preparation of the DD Form 214. It stated that all available records to include the DA Form 20 and orders would be used to prepare the DD Form 214. The instructions for completion of Item 25 (Education and Training Completed) stated that service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges would be entered in this item.

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-13 of the awards regulation contains guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

12. Table B-1 of the awards regulation contains a list of RVN campaigns. It shows that during the applicant’s tenure of assignment in the RVN, campaign credit was authorized for the following four campaigns: Vietnam Summer-Fall 1969; Vietnam Winter-Spring 1970; Sanctuary Counteroffensive; and Vietnam Counteroffensive Phase VII.

13. Chapter 4 of the awards regulation prescribes the policy for award of the AGCM. It states, in pertinent part, that it is authorized for each 3 years of qualifying honorable service completed on or after 27 August 1940, however, for the first award only, a period of more than one year is a qualifying period if the award is issued at the termination of a period of Federal service. While there is no automatic entitlement to the AGCM, disqualification must be justified.

14. Chapter 8 of the awards regulation contains guidance on awarding Badges and Tabs. Paragraph 8-6 contains the criteria for awarding the CIB. It states, in pertinent part, that there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.

15. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that while he was assigned to Company G, 75^th Infantry Regiment, the unit earned the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

16. United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal (AM). It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award.

CONCLUSIONS:

1. The Board notes the applicant’s contention that the CIB and AM he earned along with the Jungle Warfare Training Course were erroneously omitted from his DD Form 214, and it finds partial merit in these claims.

2. The evidence of record confirms that the applicant served in an infantry MOS in a qualifying infantry unit and was personally present and participated in combat operations with that unit while serving in the RVN. Further a GO extract he provided confirms that he was awarded the CIB on 31 December 1969. Thus, the Board concludes that it would be appropriate to add it to his record at this time.

3. The record shows that the applicant served as a door gunner with the
71st Aviation Company in the RVN. However, it does not contain evidence that verifies he satisfied the criteria necessary to be awarded the AM. Thus, the Board concludes that there is an insufficient evidentiary basis to support award of the AM at this time.

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4. The regulation governing the entry of service schools in Item 25 of the DD Form 214 in effect at the time of the applicant’s discharge specified that only service schools completed that are confirmed by the record are added to this item. There is no evidence of record to indicate that the Jungle Warfare Course in question was a valid service school course, or that the applicant actually completed the course in question. It appears to the Board that the course in question was an orientation course for those individuals being assigned to the RVN, and that it was not considered an actual service school course. Thus, the Board finds no basis for adding it to the applicant’s DD Form 214 at this time.

5. During its review of this case, the Board discovered that the applicant is entitled to additional awards that were not included in either his record or his separation document. Lacking any derogatory information on file that would disqualify him from receiving the AGCM, or a specific disqualification from any of the active duty unit commanders for whom he served, the Board finds that he is entitled to the first award of the AGCM based on his qualifying period of honorable active duty service from 5 February 1969 through 10 September 1970.

6. In addition, the record confirms that based on his campaign participation and service in the RVN, he is entitled to 4 bronze service stars with his Vietnam Service Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by:

a. showing that the individual concerned was awarded the CIB based on his combat service in the RVN;

b. awarding him the first award of the Army Good Conduct Medal, for his honorable period of qualifying service from 5 February 1969 through
10 September 1970;

c. showing that based on his RVN service and campaign participation, he is entitled to 4 bronze service stars with his Vietnam Service Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

d. providing him a corrected separation document that includes these awards.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__RJW__ __MT__ __RLD __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond J. Wagner
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090889
SUFFIX
RECON
DATE BOARDED	2003/08DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1970/09/10
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	Overseas Returnee
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 1021	100.0000
3.
4.
5.
6.