PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            24 February 1999
	DOCKET NUMBER:   AC98-12736
                                              AR1998013474

	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.	Joyce A. Wright		Analyst	

	The following members, a quorum, were present.

	Mr.	Calvin M. Fowler		Chairperson	
	Mr.	Mark D. Manning		Member	
	Ms.	Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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, in effect, that he be issued orders for awards of the Presidential Unit Citation and the French Fourragere.  

3.  The applicant states, in effect, that he was awarded the Presidential Unit Citation and the French Fourragere; however, he was never issued orders for these awards.  He also states that he would like to know if he was entitled to the Army Service Ribbon and the Overseas Service Ribbon.  He goes on to state that he was awarded a secondary military occupational specialty (MOS) of light weapons infantryman (11B).  He concludes by stating that he was utilized as a light weapons infantryman on several occasions which entitles him to the Combat Infantryman Badge and the Combat Action Ribbon.

4.  The applicant’s military records show he was inducted on 4 August 1965 and served as a pioneer which is an engineer branch MOS.  He served in Vietnam from 26 December 1965 to 25 December 1966 and was honorably discharged on 4 August 1967.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with v/device 1960 and the Marksmanship Qualification Badge  (M14) with Rifle Bar.  DA Form 1577 (Authorization for Issuance of Awards), dated 16  December 1997 and 5 May 1998, show the applicant was also entitled to Army Commendation Medal, the Meritorious Unit Emblem and the Vietnam Service Medal with two bronze service stars.

7.  The applicant’s military records show that, while assigned in Vietnam, he served as a pioneer in MOS 12A with the Company C, 1st Engineer Battalion.  However, there are no orders in the applicant’s records awarding him a secondary MOS of 11B.  There also is no evidence in his personnel records which show that he was ever assigned to an infantry duty position in an infantry unit in Vietnam.

8.  The Board notes that the applicant is entitled to the Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Cross of Gallantry with Palm Unit Citation and the first award of the Good Conduct Medal which are not shown on his DD Form 214.  

9.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order Number 53, dated 1970.

10.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 21, dated 1969.

11.  There is no indication in the applicant’s personnel records that show he was awarded the Good Conduct Medal.  There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.
However, his records show that he received excellent conduct and efficiency ratings during his entire period of service.  

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that he Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  

13.  Army Regulation 600-8-22 provides for award of the French Fourragere as an approved foreign unit award.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  The French Croix de Guerre and the French Fourragere were not awarded for Vietnam Service. 

14.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

15.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

16.  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.  The 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 had 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.  
17.  Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of 0-6 and below who have actively participated in ground or surface combat.  The Department of Defense Instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia 
(1 March 1961 and ending with Operation Desert Storm in 1991).

18.  Army Regulation 600-8-2 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1.  There is no evidence the applicant was a member of a unit in Vietnam when it was cited for award of the Presidential Unit Citation; therefore, he is not entitled to this award. 

2.  The French Croix de Guerre and the French Fourragere were not awarded for Vietnam Service; therefore, he is not entitled to this award.

3.  Evidence of record shows that the Army Service Ribbon, and the Overseas Service Ribbon were not established until 10 April 1981, which was after his discharge.  He served no period of active duty or, other qualifying service for these awards.  Therefore, he is not entitled to these award.

4.  The applicant was not eligible for award of the Combat Infantryman Badge because he was an engineer and was assigned to an engineer unit in Vietnam.  Therefore, he is not entitled to award of the Combat Infantryman Badge.

5.  The applicant was not eligible for award of the Combat Action Ribbon because he was a member of the U.S. Army and did not actively participate in ground or surface combat operating under control of the U.S. Navy.  Therefore, he is not entitled to award of the Combat Action Ribbon.

6.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show this award.

7.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

8.  The applicant is entitled to the first award of the Good Conduct Medal for the period 4 August 1965 to 4 August 1967 based on completion of a period of qualify service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

9.  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:

	a.  by showing in item 24 of his DD Form 214 that he was awarded the 
Vietnam Civil Actions Honor Medal First Class Unit Citation;

	b.  by showing in item 24 of his DD Form 214 that he was awarded the Vietnam Cross of Gallantry with Palm Unit Citation; and 

	c.  by showing in item 24 of his DD Form 214 that he was awarded the first award of the Good Conduct Medal for the period 4 August 1965 to 4 August 1967.

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

BOARD VOTE:  

CMF____  MDM____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler
		CHAIRPERSON