PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 September 1999                   
	DOCKET NUMBER:   AR1999024123

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Christopher J. Prosser		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 he be awarded the Combat Infantryman Badge (CIB).

3.  The applicant states that he served in Vietnam in an infantry unit as both a mortarman and an infantryman but he was not awarded the CIB.  He provides his DD Form 214 and two pages of his DA Form 20, Personnel Qualification Record as supporting evidence.

4.  The applicant’s military records show that he enlisted in the Regular Army on 7 December 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  

5.  The applicant arrived in Vietnam on 2 June 1968.  He was assigned to Company E, 3d Battalion, 506th Infantry where he performed duties as an 11C10 mortar crewman and to Company A, 3d Battalion, 506th Infantry where he performed duties as an 11B10 rifleman.  He departed Vietnam on 16 May 1969.

6.  The applicant was discharged on 23 April 1970 for the purpose of immediately reenlisting on 24 April 1970.  The CIB is not listed on his DD Form 214.

7.  The applicant’s primary MOS of 11C was withdrawn on 4 August 1970 and he was awarded primary MOS 11E (Armor Crewman) and secondary MOS 11C.  On 1 September 1971, he was awarded a primary MOS of 44C (Metal Body Repairman) and 11E and 11C were awarded as his secondary and additional MOSs, respectively.

8.  On 26 April 1974, the applicant was honorably discharged upon completion of his expiration term of service.  The CIB is not listed on his DD Form 214.

9.  Army Regulation 600-8-22 provides, in pertinent part, for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  The Awards Branch, Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted soldiers who held and served in MOSs 11B, 11C, 11F, 11G, or 11H.

10.  Department of the Army Pamphlet 672-3 provides, in pertinent parts, that the 3d Battalion, 506th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 19 July 1968 through 14 May 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 18 March 1968 through May 1970.

11.  Army Regulation 670-1 prescribes policy for proper wear and appearance of the U. S. Army uniforms and insignia that are worn on the uniform.  In pertinent part, it provides that a soldier may wear a unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited.

CONCLUSIONS:

1.  The Board concludes that a Government error did occur in this case.

2.  The applicant served in Vietnam in an infantry unit performing duties in an infantry MOS authorized the CIB, during a time when he held such an MOS as his primary MOS.  This entitles him to award of the CIB.

3.  The evidence of record also shows that he was assigned to a unit during a period of time when that unit was awarded the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class.  Since these are permanent awards, they also should be added to his DD Form 214.  

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class.

BOARD VOTE:  

__ejo___  __inw___  __cjp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Erin J. Olmes
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999024123	
SUFFIX		
RECON		
DATE BOARDED	19990909	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.