PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE: 
	DOCKET NUMBER:  AR1998014221

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Gary C. Miller		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 award of the Bronze Star Medal (BSM) and the Combat Infantry Badge (CIB).

3.  The applicant states in effect that he was awarded two BSM's in June 1967, and the Combat Infantry Badge (CIB).

4.  The applicant’s military records show he was inducted into the Army of the United States on 7 December 1965 and he completed basic and advanced individual training and was awarded MOS 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam (RVN) from 22 September 1966 through  
12 September 1967.  He was honorably discharged on 16 September 1967.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the Good Conduct Medal; the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal as authorized awards.

6.  Army Regulation 600-8-22 also 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.5.  

7.  Item 38 of the applicant’s DA Form 20 (Enlisted Qualification Record), shows he was assigned to Company B, 2d Battalion, 22d Infantry, 4th Infantry Division, and he served in MOS 11B, (Light Weapons Infantryman) from 22 September 1966 through 30 July 1967.  He also served with Company B, 2d Battalion, 
25th Infantry Battalion, 3d Brigade in MOS 11B, from 1 August through 
12 September 1967. 

8.  The applicant was awarded the CIB under the provisions of Army Regulation 
672-5-1, Special Orders Number 52, dated 13 December 1966. 

9.  The applicant’s unit was awarded the Presidential Unit Citation by Headquarters Department of the Army General Orders Number 59, dated 1968.

10.  The applicant’s unit was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 51, dated 1971.

11.  His unit was also awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Headquarters Department of the Army General Orders Number
48, dated 1971.

12.  Army Regulation 600-8-22, at Table B-1 shows that there were two authorized campaigns in the RVN between September 1966 and September 1967, the Vietnam Counteroffensive Phase II, and the Vietnam Counteroffensive Phase III.  Since the applicant was serving in the RVN during this period he would be authorized two bronze service stars (BSS) to the Vietnam Service Medal.

13.  However, the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the BSM, CIB, BSS, the Presidential Unit Citation, the Vietnam Cross of Gallantry with Palm Unit Citation, or the Vietnam Civil Actions Honor Medal First Class Unit Citation.

14.  Both the applicant's official military personnel file (OMPF) and the records at the Office of the Total Army Personnel Command (PERSCOM) were reviewed for orders or evidence that would indicate he is entitled to the BSM.  There is no evidence available.

15.  On 25 January 1999, the above information record was referred to the applicant for comment or rebuttal, but he failed to respond.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal 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.  

CONCLUSIONS:

1.  Evidence of record shows that the applicant served in the RVN in an Infantry MOS and in a combat unit.  Therefore, he is entitled to award of the CIB and correction of his military record to show this award.

2.  The units to which the applicant was assigned were awarded the Presidential Unit Citation, Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.  Accordingly, the applicant is now entitled to correction of his records to show these awards. 

3.  There is no evidence available and the applicant has presented none that shows he is entitled to the BSM.  However, he is entitled to two BSS's to the Vietnam Service Medal.

4.   In view of the foregoing, there is no basis for granting the applicant's request.

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, the Vietnam Cross of Gallantry with Palm Unit Citation, and the Vietnam Civil Actions Honor Medal First Class Unit Citation and two BSS's to the Vietnam Service Medal.

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

BOARD VOTE:

RVO_____  EW____  GCM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998-014221	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990303	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19670916	
DISCHARGE AUTHORITY	AR 635-200 , Chapter 5 	
DISCHARGE REASON	Expiration Term of Service	
BOARD DECISION	(PARTIAL GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	Applicant feels he is entitled to the CIB, and BSM	
2.		
3.		
4.		
5.		
6.