PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            1 July 1999                  
	DOCKET NUMBER:   AR1999016787

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston 		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Stanley Kelley		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 award of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM).

3.  The applicant states, in effect, that he received the CIB and BSM while in Vietnam and the awards were not recorded on his DD Form 214 (Report of Transfer or Discharge) at the time of his discharge.  

4.  The applicant’s military records show that he was inducted on 15 October 1969.  He successfully completed training and was transferred to Vietnam for duty as a radio operator.  He served in Vietnam from 19 April 1970 to 23 May 1971 and was honorably discharged on 24 May 1971.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the CIB or BSM as authorized awards.

6. The applicant’s records show he was assigned to an advisory group attached to the United States Military Assistance Command, Vietnam, in military occupational specialty (MOS) O5B (radio operator) during his assignment in Vietnam.

7.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the BSM.

8.   United States Military Assistance Command, Vietnam, General Orders Number 1005, dated 1 March 1971, shows the applicant was awarded the Army Commendation Medal for meritorious service during April 1970 to March 1971.  However, his DD Form 214 does not reflect this award.

9.  Army Regulation 600-8-22 (Military Awards) 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 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 the applicant served in MOS 05B (radio operator) during his assignment in Vietnam.

2.  There is no evidence that the applicant was ever awarded an infantry MOS; served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam.  Therefore, he is not entitled to award of the CIB.  

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the BSM.  Therefore, he is not entitled to this medal.  

4.  The applicant was awarded the Army Commendation Medal; therefore, he is entitled to correction of his military records to show this award.

5.  In view of the foregoing, the applicant’s records should be corrected 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 Army Commendation Medal.

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

BOARD VOTE:  

JHL_____  FKM____  SK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn H. Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999016787	
SUFFIX		
RECON		
DATE BOARDED	19990701	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710524	
DISCHARGE AUTHORITY	AR 635-200 CHAPTER 5	
DISCHARGE REASON	EARLY SEPARATION OF OVERSEAS RETURNEE	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0014	
3.		
4.		
5.		
6.