PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            4 August 1999                  
	DOCKET NUMBER:   AR1999021976

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		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 that his DD Form 214 be corrected to show that he was awarded two Bronze Star medals, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Combat Infantryman Badge. 

3.	The applicant states that he received the aforementioned awards.  

4.  The applicant enlisted in the Army for three years on 9 December 1966, completed training as an infantryman, and in June of 1967 was assigned to an infantry company of the 1st Cavalry Division in Vietnam, first as an automatic rifleman, then as a squad leader.  

5.  On 9 November 1967 he was slightly wounded as a result of hostile action when he sustained a punji stick wound to his right leg while on a combat operation.  On 11 November 1967 he was awarded the Purple Heart.  On           7 December 1967 he was promoted to pay grade E-4.  He was promoted to pay grade E-5 on 5 March 1968.  On 20 April 1968 he was awarded the Air Medal for meritorious achievement from May 1967 to April 1968, and on 11 May 1968 he was awarded the Bronze Star Medal for the same period of service. 

6.  The applicant completed his tour in Vietnam and returned to the United States at Fort Carson, Colorado in May 1968.  His record while assigned to Fort Carson shows that he received nonjudicial punishment under Article 15, UCMJ, on five separate occasions, that he was arraigned, tried and pled guilty of AWOL before a special court-martial and reduced to pay grade E-1, and that he was AWOL on three occasions for a total of 91 lost days. 

7.  The applicant was released from active duty on 10 March 1970 in the grade of E-4, with an honorable characterization of service.  He had 3 years of service. 
His DD Form 214 shows that he was a light weapons infantryman, MOS (military occupational specialty) 11B40.  It shows that he was awarded the Bronze Service Star (NOTE:  should probably have been Bronze Star), the Purple Heart, and the Air Medal, among other awards.  It does not show award of the Combat Infantryman Badge, a second award of the Bronze Star, or award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant’s DA Form 20 (Enlisted Qualification Record) does show that he was awarded the Combat Infantryman Badge, citing a 1st Cavalry Division special order as the authority for that award.

8.  The applicant was discharged from the Army Reserve on 8 December 1972. 

9.  On 4 August 1986 the Army Reserve Personnel Center forwarded the applicant a copy of a DA Form 1577, Authorization for Issuance of Awards, informing him that he was authorized the Bronze Star Medal, the Air Medal, the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Combat Infantryman Badge, the Republic of Vietnam Campaign Ribbon, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides 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.  Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

CONCLUSIONS:

1.  The applicant was an infantryman in an infantry company and participated in combat during his assignment in Vietnam.  He was awarded the Combat Infantryman Badge and that award should be reflected on his DD Form 214.

2.  The unit to which the applicant was assigned during his tour in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should reflect that award.

3.  The applicant was awarded the Bronze Star Medal for his service in Vietnam. His DD Form214 should be corrected to show award of the Bronze Star Medal; and the entry that shows award of the Bronze Service Star should be deleted.  

4.  There is no record of a second award of the Bronze Star Medal.  The applicant is therefore not entitled to an additional award of that medal. 

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 Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Bronze Star Medal; and that the Bronze Service Star entry on his 10 March 1970 DD Form 214 be deleted.

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

BOARD VOTE:  

___fkm___  __inw___  __gdp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999021976	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990804	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2.		
3.		
4.		
5.		
6.