PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  2 February 2000
	DOCKET NUMBER:   AR1999024827

	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 Theodore G. Heartley.		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Lester Echols		Member	
	Mr. James E. Anderholm		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, separation document, be corrected by adding the Army Commendation Medal (ARCOM), Air Medal, Combat Infantryman Badge (CIB), Aircraft Crew Member Badge (ACMB), 
2 additional Overseas Service Bars (OSB), and 3 clusters for his Vietnam Service Medal (VSM).

3.  The applicant states, in effect, that his records fully document his entitlement to these awards and decorations.

4.  The applicant’s military records show that he initially enlisted in the Regular Army (RA) on 6 June 1966 for a period of 3 years.  After completion of his basic combat training at Fort Jackson, South Carolina and advanced individual training at Fort Gordon, Georgia, he was assigned to infantry rifleman duties with the 194th Military Police Company in military occupation specialty (MOS) 11B in Vietnam on 6 December 1966.  He departed Vietnam on 26 November 1967, and was assigned to drill sergeant duties at Fort Gordon on 4 January 1968.  

5.  On 10 July 1968, he departed Fort Gordon for a second tour in Vietnam and on 28 August 1968, he was assigned to duties in the 4th Battalion, 21st Infantry in MOS 11B.  On 8 October 1968, he was medically evacuated to Japan after being wounded by hostile action.  

6.  His first DD Form 214 shows that on 4 January 1969, he was separated from active service, characterized as honorable, in the rank of corporal (CPL E-4) under the provisions of Army Regulation (AR) 635-200, Chapter 5 (overseas returnee).  He had completed 2 years, 6 months and 29 days of creditable service.  His awards and decorations included the National Defense Service Medal, Purple Heart, Bronze Star Medal with “V” device, Vietnam Campaign Medal, and VSM.

7.  After obtaining a medical waiver, he reenlisted as a private first class (PFC 
E-3) in the RA on 1 June 1970, and on 28 June 1970, he was reassigned to machine gunner duties and flight status in MOS 67A in Vietnam with the 
25th Aviation Battalion, 25th Infantry Division.  On 30 November 1970, he was reassigned to Company D, 4th Battalion, 21st Infantry and on 11 February 1971, he was reassigned to the battalion’s headquarters company (HHC).

8.  After completing his second tour of duty in Vietnam, he was assigned to Fort Riley, Kansas on 24 June 1971.  On 18 August 1972, he was assigned to Korea. On 27 April 1973, he returned to CONUS for separation processing in conjunction with his approved request for early release to accept seasonal civilian employment.

9.  His second DD Form 214 shows that was separated in the rank of sergeant with an honorable characterization of service on 28 April 1973, under the provisions of AR 635-200, Chapter 5 for seasonal employment.  He had completed 2 years, 10 months and 28 days of creditable service for this period of enlistment and earned the Armed Forces Expeditionary Medal.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers, enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of a brigade, regiment 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.  This regulation also provides, in pertinent part, that the Aircraft Crew Member Badge is awarded to an individual who is on flying status and has performed gunner duties for not less than 12 months, not necessarily consecutive.

11.  DA Pamphlet 672-3, the unit citation and campaign participation credit register, shows that the 194th Military Police Company earned the Meritorious Unit Citation.  Additionally HHC, 4th Battalion, 21st Infantry earned the RVN Gallantry Cross with Palm Unit Citation Badge and the RVN Civil Actions Medal Unit Citation.

12.  Official entries and supporting documents contained in his records show that he served as a gunner in a flight status for 4 ½ months; and that he was awarded the ARCOM and the Basic Air Medal.  Regulatory guidance in effect at the time, shows that he was also entitled to the award of the CIB, 8th award of the Air Medal, Meritorious Unit Citation, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation Badge, RVN Civil Actions Medal Unit Citation, the addition of 
4 service stars to his VSM, and the addition of 2 OSB. 

CONCLUSIONS:

1.  The Board concludes that the evidence of record sufficiently shows that the applicant was entitled to a number of awards and decorations that were excluded from his separation documents for which the Board attributed to administrative error.

2.  The Board further concludes that he is not entitled to the award of the Aircraft Crew Member Badge since he did not serve as a gunner on flight status for at least 12 months as required by regulation.

3.  The Board noted that while he is entitled to wear 2 additional Overseas Service Bars by virtue of completion of a second tour in Vietnam, such entitlement is not normally entered on the DD Form 214.

4.  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:

a.  showing that the individual concerned was awarded the Army Commendation Medal; the Air Medal with Numeral 8; the Combat Infantryman Badge; the Meritorious Unit Citation; the RVN Gallantry Cross with Palm Unit Citation Badge; the RVN Civil Actions Medal Unit Citation; and the addition of 
4 service stars to his Vietnam Service Medal; and

	b.  issuing a DD Form 215, Correction to the DD Form 214.

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

BOARD VOTE:  

_CF___  ___LE___  __JA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Calvin M. Fowler____
		        CHAIRPERSON

INDEX

CASE ID	AR1999024827	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000202	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19730428	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	EARLY REL SEASONAL EMPLOYMENT	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.