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ARMY | BCMR | CY2004 | 20040008093C070208
Original file (20040008093C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          18 August 2005
      DOCKET NUMBER:  AR20040008093


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Combat
Infantryman Badge (CIB).

2.  The applicant states that he was assigned to an infantry unit and he
performed the duties of an infantryman.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Prior to the period of service under review, the applicant served
honorably in the Regular Army (RA) from 30 January 1959 to 12 January 1961.
 He had a short break in service; he reenlisted and served honorably from
27 February 1961 to 1 March 1964 and from 2 March 1964 to 1 September 1967.

2.  On 2 September 1967, the applicant reenlisted in the RA for military
occupational specialty (MOS) 94B (Food Service Specialist), which was the
MOS that he held from his first period of enlistment until he was honorably
retired.

3.  The applicant was assigned to Vietnam from 6 February 1968 to 5 March
1969 with duties in MOS 94B.  He served with Headquarters and Headquarters
Company, 2nd Brigade, 1st Cavalry Division.

4.  On 23 August 1973, the applicant was honorably separated for immediate
reenlistment.  His DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) shows he had completed 5 years, 11 months, and 22
days of net service for the period and 14 years, 4 months, and 10 days of
total active military service.  Item 24 (Decorations, Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows
he was awarded the Bronze Service Star, Air Medal (AM), Vietnam Service
Medal (VSM), Vietnam Campaign Medal (VCM) with 60 Device, Armed Forces
Expeditionary Medal, and the Army Good Conduct Medal (GCMDL)
(3rd award).  The CIB is not shown as an authorized award.

5.  The applicant's Vietnam service included participation in five
campaigns, including the Tet Counteroffensive, Vietnam Counteroffensive
Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase
VI, and Tet 69 Counteroffensive.
6.  The applicant also served honorably from 24 August 1973 to 15 July 1979
and from 16 July to 31 October 1979 until he was honorably separated, due
to retirement.  The DD Form 214 issued at the time of separation shows he
was awarded the BSM, AM, National Defense Service Medal, VSM, VCM,
Meritorious Unit Commendation, Vietnam Gallantry Cross Unit Citation with
Palm, Army Commendation Medal with Oak Leaf Cluster, GCMDL (6th award), and
the Meritorious Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, the GCMDL, service medals and service ribbons, combat and special
skill badges and tabs, unit decorations, and trophies and similar devices
awarded in recognition of accomplishments.  It provides, in pertinent part:

      a.  The CIB 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 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.

      b.  A bronze service star is authorized 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 applicant is authorized award of five bronze service stars to
be worn on the VSM to represent his service from 6 February 1968 to 5 March
1969.  A silver service star is worn instead of five bronze service stars.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit to which the applicant
was assigned was cited for award of the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation for the period 1 January 1969 to 1
February 1970 by Department of the Army General Order Number 42, dated
1972.

9.  Army Regulation 635-5 provides the policy and guidance for the issuance
of a DD Form 214.  Prior to 1978, DD Forms 214 would be issued at the
completion of each period of active service, i.e. at the end of each period
of enlistment, and all appropriate entries for service computation, awards,
decorations, schooling and the like would be covered on that document.
Since that time, a consolidated DD Form 214 is prepared covering the entire
period of active duty, no matter how many reenlistements the report covers.
DISCUSSION AND CONCLUSIONS:

1.  To support award of the CIB, the applicant is required to have been an
infantryman satisfactorily performing infantry duties while assigned to an
infantry unit during such time as the unit engaged in active ground combat,
and he must have actively participated in such ground combat.  The
available evidence shows the applicant was clearly assigned to Vietnam to
perform duties associated with his MOS which was 94B.

2.  The available evidence does support correcting the applicant's DD Form
214, issued on 31 October 1979 to show he was authorized award of:

      a.  The Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation; and

      b.  A silver service star to be worn on the VSM to represent his
service from 6 February 1968 to 5 March 1969.

3.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jev___  __rjw___  __rr____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.


2.  The Board determined that administrative errors in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the DD Form 214 issued to the
applicant on
31 October 1979 to show award of:

      a.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation; and

      b.  A silver service star to be worn on the VSM.



                 James E. Vick
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008093                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0095                                |
|2.                      |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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