PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:                 4 November 1998
	DOCKET NUMBER:        AC98-10410

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		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 records to show the Combat Infantryman Badge, the Air Medal, the “Jungle Training Badge” (correctly known as the Jungle Expert Patch) and any other awards to which he is entitled.

3.  The applicant states that his DD Form 214 (Report of Discharge or Transfer) does not show all the awards and decorations which he earned.

4.  The applicant’s military records show he entered active duty on 12 April 1966. He served in Vietnam from December 1967 to December 1968 and was honorably discharged on 14 December 1968.  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Parachutist Badge as authorized awards.  

5.  Records show the applicant served as an infantryman in an infantry battalion in combat during his assignment in Vietnam.

6.  The applicant’s records do not indicate he was recommended for or was awarded the Air Medal.  There also is no evidence he met requirements for award of the Air Medal.

7.  There is no evidence the applicant was awarded the Jungle Expert Patch.  Since award of this patch is governed by local regulation, not Army Regulation 600-8-22 (Military Awards), it is not discussed further.

8.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 21, dated 1969.  He was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order Number 48, dated 1971.

9.  Army Regulation 600-8-22 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 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  The applicant met qualifications for award of the Combat Infantryman Badge; therefore, he is entitled to correction of his records to show award of this badge.

2.  There is no evidence, and the applicant has provided no evidence, which shows that he was recommended for awarded the Air Medal; therefore, he is not entitled to this award. 

3.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show these awards.

4.  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 Combat Infantryman Badge, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

JEV_____  LLS_____  TNK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON