PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 3 August 2000
	DOCKET NUMBER:        AR1999026230

	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. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Calvin M. Fowler		Member	
	Mr. Edwin S. Castle		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 correction of his records to show the Purple Heart and the Combat Infantryman Badge. 

3.  The applicant states that the Purple Heart and the Combat Infantryman Badge are not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He contends that he received the Purple Heart and Combat Infantryman Badge while serving in Vietnam in 1968.

4.  The applicant’s military records show that he entered active duty on 21 July 1967 and completed training as a cargo handler in military occupational specialty (MOS) 57H.  He served in Vietnam from 20 January 1968 to 26 June 1968 and was honorably discharged on 14 July 1970.

5.  The applicant’s DD Form 214 does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.

6.  The applicant’s records contain US Army Support Command, Qui Nhon, General Orders number 441, dated 28 June 1968, which awarded him the Purple Heart.

7.  There are no orders in the applicant’s service personnel records which show he was awarded the Combat Infantryman Badge.  The applicant’s DA Form 20 (Enlisted Qualification Record), which covered his active duty service and which he authenticated in his own hand on 3 February 1970, shows that he served in MOS 57A (Longshoreman’s Helper) in the 285th Transportation Company during his assignment in Vietnam.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award the Combat Infantryman Badge. 

8.  The applicant entered the U.S. Army Reserve in January 1974 as a military policeman in MOS 95B.  His DA Form 20 and his DA Form 2-1 (Personnel Qualification Record-Part II), which were prepared during his Army Reserve service, show the entries for the Purple Heart and Combat Infantryman Badge.  The DA Form 20 shows in item 41 the authority for these awards is Army Regulation 672-5-1 which was the Army awards regulation in effect at that time, but not the General or Special Order which is required by regulation for these awards.  The applicant’s DA Form 2-1 does not show any authority for these awards in item 9 (Awards, Decorations & Campaigns).

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards) prepared by the National Personnel Records Center and dated 12 June 1999.  This document shows that the Chief of the Army Reference Branch of the National Personnel Records Center determined that applicant was entitled to the Purple Heart, the Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on the applicant’s DD Form 214.

11.  Army Regulation 600-8-22 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.  During the Vietnam conflict, award of the Combat Infantryman Badge was announced by the authorized approval authority in special or unit orders. 

12.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

CONCLUSIONS:

1.  General Orders awarded the applicant the Purple Heart; therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart.

2.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge.  The applicant was not awarded an infantry military occupational specialty.  He did not serve in an infantry unit or infantry position in combat during his assignment in Vietnam.  Therefore, the applicant was not eligible for award of the Combat Infantryman Badge at the time of his service in Vietnam and there is no basis for award of the Combat Infantryman Badge to him now.

3.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, therefore, he is entitled to correction of his records to show this award.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 

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

BOARD VOTE:  

________  ___JNS__  __CMF__  GRANT AS STATED IN RECOMMENDATION

___ESC__  ________  ________  GRANT FORMAL HEARING

________  ________  ________   DENY APPLICATION

		_______John N. Slone____
		        CHAIRPERSON

INDEX

CASE ID	AR1999026230	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000803	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700714	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	EARLY SEPARATION OF AN OVERSEAS RETURNEE	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.