PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:              7 October 1998                
	DOCKET NUMBER:      AC98-06448

	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. Loren G. Harrell		Director	
	Mr. Lee Cates 		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler 		Chairperson	
	Mr. James E. Vick		Member	
	Mr. Luther L. Santiful		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 his records be corrected to show his entitlement to the medals owed to him to include the Combat Infantryman Badge (CIB) and document his service the Republic of Vietnam (RVN).

3.  The applicant states that the Department of Veterans Affairs needs to know the combat division he was in.

4.  The applicant’s military records show that he reenlisted in the Army on         18 September 1967, in military occupational specialty 36C (Lineman).  He was separated under honorable conditions on 17 August 1970.  His separation document indicates he was entitled to award of the National Defense Service Medal, the Vietnam Service Medal, the RVN Campaign Medal, the Army Commendation Medal and 1 oversea bar.  The Board notes that the applicant was awarded the Meritorious Unit Commendation; the RVN Cross of Gallantry with Palm Unit Citation; and, the RVN Civil Actions Honor Medal First Class Unit Citation, which were not shown on his separation document.

5.  During the periods 26 April 1968 to 21 April 1969 and 23 December 1969 to 17 August 1970, he served in the RVN.  He served in the 40th Signal Battalion from 26 April 1968 until 19 October 1968; the 25th Infantry Division from            20 October 1968 until 21 April 1969; and, the 43rd Signal Battalion from                23 December 1969 until 16 August 1970.  

6.  The applicant was awarded the Meritorious Unit Commendation by Department of the Army General Order 24, dated 1972; the RVN Cross of Gallantry with Palm by Department of the Army General Order 5, 1973; and, the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order 51, 1971.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

8.  Army Regulation 635-5 (Personnel Separation Documents) indicates, in pertinent part, that the overseas service in a combat zone may be shown in the remarks section of the separation document.

CONCLUSIONS:

1.  The evidence of record shows that he served in his assigned Signal MOS (36C) during each of his periods of service in the RVN; therefore, he is not entitled to award of the CIB.

2.  The applicant is entitled to award of the Meritorious Unit Commendation; the RVN Cross of Gallantry with Palm Unit Citation; and, the RVN Civil Actions Honor Medal First Class Unit Citation.

3.  The evidence of record shows additional service in the RVN which was not accounted for on his separation document and entitles him to 2 overseas bars.

4.  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 showing on his separation document dated 17 August 1970, his entitlement to award of 2 additional oversea bars, for a total of 3, the Meritorious Unit Commendation; the RVN Cross of Gallantry with Palm Unit Citation; and, the RVN Civil Actions Honor Medal First Class Unit Citation and in item 30.(Remarks) show service in the RVN for the period 26 April 1968 to 21 April 1969, in addition to that already shown.

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

BOARD VOTE:  

SAC____  JEV_____  LLS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON