PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           19 November 1998   
	DOCKET NUMBER:   AC98-09134

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Ellis		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 correction of his DD Form 214 (Report of Transfer of Discharge) to show award of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM).  He also requests a retroactive promotion to E-5.

3.  The applicant states, in effect, the two awards are not shown on his DD Form 214 and he never received the orders or medals.  In support of his application, he submits documentation pertaining to his medical condition, a letter (Nonselection for Promotion) and a personal letter requesting promotion to E-5.    
4.  The applicant’s military records show that he was inducted on 18 October 1967.  He served as an infantry indirect fire crewman in Vietnam from 3 April 1968 until he was wounded and hospitalized on 23 April 1968.  He was separated from active duty with an honorable discharge on 30 June 1970 and placed on the Temporary Disability Retired List (TDRL) on 1 July 1970.  He was removed from the TDRL and permanently retired by reason of physical disability on 29 February 1972.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the CIB or the BSM as authorized awards.  The Board notes that the applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation which is also not shown on his DD Form 214.

6.  There are no orders in the applicant’s personnel records which show he was awarded the CIB.  Records show the applicant was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman) upon completion of Advanced Individual Training.  Evidence of record shows the applicant was assigned to an infantry company and served in MOS 11C during his assignment in Vietnam.  

7.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the BSM.

8.  The applicant provided a letter (Nonselection for Promotion), dated 1 May 1970, which shows he appeared before the Fitzsimons General Hospital Patient Promotion Board on 27 April 1970.  The letter shows the Order of Merit Promotion list points awarded (547.7) were not sufficient to enable the board to place the applicant on the Recommended for Promotion List.

9.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order Number 48, dated 1971.

10.  Army Regulation 600-8-22 provides, in pertinent part, that 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 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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the BSM 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.  The enlisted promotion system in existence prior to June 1971, as set forth in Army Regulation 600-200, at chapter 7, was a decentralized system for promotions to pay grades E-5 and E-6.  After a unit commander recommended a soldier for promotion to pay grade E-5 or E-6, local promotion boards were convened to recommend soldiers for promotion to these pay grades and those soldiers were then placed on a field recommended promotion list.  Promotions were accomplished when a position vacancy became available, and the soldier was the ranking individual on the local recommended promotion list.

CONCLUSIONS:

1.  Evidence of record shows the applicant served in an infantry MOS while assigned to an infantry company in combat in Vietnam.  Therefore, he is entitled to correction of his military records to show award of the CIB.

2.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or received the BSM.  Therefore, he is not entitled to this award.

3.  Evidence of record shows the Order of Merit Promotion list points awarded (547.7) to the applicant were not sufficient to enable the promotion board to place him on the Recommended for Promotion List.  Therefore, he is not entitled to a retroactive promotion to E-5. 

4.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  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 this case be corrected by showing that the individual concerned was awarded the CIB and the Vietnam Civil Actions Honor Medal First Class Unit Citation Badge.

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

BOARD VOTE:  

FNE_____  TAP____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON