PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:              4 November 1998                        
	DOCKET NUMBER:      AC98-10667

	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. 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 two awards of the Combat Infantryman Badge (CIB).

3.  The applicant states he was so happy to be separated that he overlooked the omission of the award.

4.  The applicant’s military records show he enlisted on 5 June 1964 and  completed training as an infantry mortar crewman in military occupational specialty (MOS) 11C and basic airborne training.  He served in Vietnam from August 1965 to September 1966 and was honorably discharged on 5 June 1967. His DD Form 214 (Report of Transfer or Discharge) does not show the CIB as an authorized award.

5.  The Board notes the applicant was assigned to a while it was deployed to the Dominican Republic.  However, there is no evidence in the applicant’s personnel records which shows he was deployed with the unit or was awarded the CIB or the Armed Forces Expeditionary Medal which was authorized during this period.

7.  The Board notes that the applicant was entitled to the Presidential Unit Citation and the Vietnam Cross of Gallantry with Palm Unit Citation which are not shown on his DD Form 214.

8.  The applicant was awarded the Presidential Unit Citation by Department of the Army General Order Number 40, dated 1967.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 56, dated 1969.

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.  The regulation also provides that only one award of the CIB is authorized for combined service the Dominican Republic, Vietnam, the Demilitarized Zone in Korea, Grenada, Panama or the Persian Gulf War.

10.  Army Regulation 600-8-22, provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The regulation shows the Armed Forces Expeditionary Medal was authorized for operations in the Dominican Republic for the period 28 April 1965 to 21 September 1966.

CONCLUSIONS:

1.  The evidence of record shows that the applicant served in Vietnam in an infantry MOS in an infantry unit in combat.  Therefore, he is entitled to one award of the CIB and correction of his records to show this award.

2.  The applicant’s unit was deployed to the Dominican Republic in April 1965, but there is no evidence which shows that he was deployed with it.  Therefore, he is not entitled to award of the Armed Forces Expeditionary Medal.

3.  The applicant was awarded the Presidential Unit Citation and the Vietnam Cross of Gallantry with Palm Unit Citation, therefore, he is entitled to correction of his records to show these awards.

4.  In view of the foregoing, the applicant’s records should be corrected, 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, the Presidential Unit Citation and the Vietnam Cross of Gallantry with Palm 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