PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             8 September 1999
	DOCKET NUMBER:    AR1999015162

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Karen L. Wolff		Member	
	Mr. Orville W. Troesch, Jr.		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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add a second award of the Bronze Star Medal (BSM); a valor (“v”) device; an Air Medal (AM); and a Combat Infantryman’s Badge (CIB). 

3.  The applicant states, in effect, that his DD Form 214 does not show his combat “v” device, his AM, and most importantly it does not reflect his CIB.  The applicant goes on say that he spent 13 months in Vietnam with the Big Red One, 1st Infantry (Inf) Division (Div) and the 25th Inf Div as an infantryman.  In support of his contentions, the applicant submitted copies of certificates which indicate he received two BSM’s; an AM; and an ARCOM.  In addition, he provided an addendum application to this Board which included additional evidence in support of his claim to the CIB. 

4.  The applicant’s military records show that he was inducted into the Army of the United States on 25 February 1969 for 2 years.  He successfully completed basic training and advanced individual training (AIT) at Fort Dix, New Jersey.  Upon completion of AIT the applicant was awarded military occupational specialty (MOS) 11B and was assigned to overseas combat duty in Vietnam for his first permanent duty station.

5.  The applicant arrived in Vietnam in August 1969 and served as an 11B infantryman with the 1st Inf Div until 3 April 1970.  He was reassigned, in country, to the 25th Inf Div where he again served as an infantryman until he departed Vietnam on 14 August 1970.  The applicant was reassigned to Fort Lewis, Washington where he was promoted to Specialist/E-4 in MOS 05B (Radio Operator) on 19 October 1970.  He remained in this assignment until the expiration of his term of service (ETS) on 28 March 1971.  The applicant’s ETS was adjusted based on two periods of lost time due to AWOL which totaled
32 days.  

6.  On 28 March 1971, the applicant received a DD Form 214 which documented that he was released from active duty (REFRAD) honorably by reason of ETS.  At the time he was REFRAD he had completed 2 years of active military service. Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 lists the following awards:  the National Defense Service Medal (NDSM); the Sharpshooter Badge (M-14 & M-16); the Vietnam Campaign Medal (VCM), the Vietnam Service Medal (VSM); the BSM; the ARCOM; the Civil Actions Medal (CAM) 1st Class; and two Overseas Bars.  

7.  The evidence of record includes a Department of the Army (DA) Form 1577 (Authorization for Issuance of Awards), completed by the Army’s Reserve Personnel Command (ARPERSCOM), dated 19 July 1999, which documents that the applicant did in fact earn a second award of the BSM (1st OLC), and that he was authorized a “v” device with his ARCOM.  

8.  The record also contains General Orders (GO) which awarded the applicant BSMs for both achievement and service and the ARCOM with “v” device.  GO 3805, dated 11 March 1970, issued by the 1st Inf Div; awarded the applicant the BSM for meritorious achievement during the period 1 through 31 January 1970; GO Number 7056, dated 22 June 1970, issued by the 25th Inf Div, awarded him a second BSM, this time for meritorious service in connection with military operations against a hostile force between August 1969 and August 1970; and finally GO Number 7290, dated 27 June 1970, issued by the 25th Inf Div awarded the applicant an ARCOM with “v” device for heroism in connection with military operations against a hostile force on 1 June 1970.

9.  The DA Form 1577 also indicated that the applicant was authorized four service stars denoting his campaign participation during the Vietnam conflict.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Conflict) verifies that applicant’s period of service qualified him for the participation credit for the following campaigns:  Vietnam Summer-Fall 1969 
(9 June 1969--31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969--30 April 1970); DA Sanctuary Counteroffensive (1 May 1970--30 June 1970); and Vietnam Counteroffensive, Phase VII (1 July 1970--30 June 1971).  In addition,  DA Pamphlet 672-3 indicates that, subsequent to the applicant’s REFRAD, DAGO 8, 1974, announced award of the RVN Gallantry Cross (RVNGC) with (w) Palm for anyone who served in Vietnam during the period 
20 July 1965 to 28 March 1973.  

10.  In support of his application the applicant provided a copy of Special Order (SO) Number 171, issued by the 25th Inf Div, dated 20 June 1970.  This order is in large part illegible and difficult to read; however, it would seem to indicate that the applicant was awarded the CIB effective 30 April 1970.  This order nor any other documentation in reference to award of the CIB is contained in the applicant’s record of service.  Paragraph 8-6, Army Regulation (AR) 600-8-22, provides the policy for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

11.  The applicant also provided an award certificate and the accompanying citation which shows that he received the AM for meritorious achievement, between 7 February and 12 June 1970, while participating in aerial flight in the Republic of Vietnam.  There is no order on file or any reference to the AM in the available records.  Paragraph 3-15, AR 600-8-22 prescribes Army policy and procedures concerning award of the AM.  The regulation states, in pertinent part, that the AM may be awarded to any person who, while serving in any capacity in or with the U.S. Army , will have distinguished himself by meritorious achievement while participating in aerial flight.  

CONCLUSIONS:

1.  The Board found sufficient evidence of record to conclude that the  applicant was awarded a second BSM (1st OLC) and that his ARCOM should have included a “v” device.  It is clear that these awards were erroneously omitted from the DD Form 214 issued the applicant at his REFRAD.

2.  The order provided by the applicant to support his request for the CIB is illegible and difficult to read; however, after a thorough review of the applicant’s record of service and the independent evidence submitted by the applicant, the Board determined that the applicant should have been awarded the CIB.  The record clearly shows that the applicant was an infantryman who satisfactorily performed infantry duties; that he was assigned to an infantry unit during a time that the unit was engaged in active ground combat; and that he actively participated in such ground combat.  The Board concluded that the applicant met all the regulatory requirements for the CIB, and was in all likelihood awarded the CIB.  Therefore, his records should reflect the award of the CIB,

3.  Although there was no order on file and no reference to the applicant earning the AM in the available records, the Board found that the independent evidence submitted by the applicant, when combined with the applicant’s service history in Vietnam, was sufficiently compelling to uphold his claim to the AM.  

4.  The evidence of record clearly shows that applicant participated in four campaigns during the Vietnam conflict.  Therefore, the applicant’s official records should document this campaign participation, and he is entitled to four service stars for his VCM.  

5.  Although the award was authorized subsequent to the applicant’s REFRAD, it is clear from the evidence of record that he applicant qualifies for award of the RVNGC/with palm.  

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

	a.  by adding a BSM 1st OLC to the applicant’s record of awards.

b.  by adding a “v” device to the ARCOM earned by the individual concerned; 

c.  by adding the CIB to his service record;

d.  by issuing the individual concerned an order for the AM effective 
28 July 1970, for the period 7 February to 12 June 1970, based on his meritorious achievement while participating in aerial flight in the Republic of Vietnam, and by adding the AM to his service record; 

e.  by adding to the service record of the individual concerned participation credit for the following campaigns of the Vietnam Conflict:  Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969--30 April 1970); DA Sanctuary Counteroffensive (1 May 1970--30 June 1970); and Vietnam Counteroffensive, Phase VII, (1 July 1970--30 June 1971); and by authorizing four service stars for the VCM now held by the individual concerned; and 

	f.  by awarding the individual concerned the RVNCG/w palm for his service in Vietnam and adding this award to his service record.

BOARD VOTE:  

__fkm___  __owt___  ___klw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred K. McCoy______
		        CHAIRPERSON

INDEX

CASE ID	AR1999015162	
SUFFIX		
RECON		
DATE BOARDED	1999/09/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  60	107.0014	
2.  64	107.0018	
3.  157	107.0111	
4.  46	107.0000	
5.		
6.