PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                9 February 2000
	DOCKET NUMBER:       AR1999027690

	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.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol Jo Suiter		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 18 November 1968 to show that he was awarded the Combat Infantryman Badge.

3.  The applicant states that he was under fire eight times with the 101st Airborne Division in Vietnam.  He also states that he served with the 327th and the 506th Infantry and was under fire with both units. 

4.  The applicant’s military records show that he entered active duty on 8 January 1963 as a pioneer and was honorably discharged on 7 January 1965.

5.  After a break in service, he reenlisted on 19 October 1965 as a pioneer (12A). He served in Vietnam from 15 December 1967 to 13 November 1968 and was honorably discharged on 18 November 1968.

6.  The applicant’s DD Form 214 with an effective date of 18 November 1968 shows his military occupational specialty (MOS) as 11B3P (staff sergeant infantry-parachutist qualified), but does not show the Combat Infantryman Badge as an authorized award.

7.  Headquarters, 101st Airborne Division Special Orders Number 229, dated 4 November 1967, awarded the applicant the primary military occupational specialty (PMOS) of 12B2P (engineer staff sergeant-parachutist qualified).

8.  Headquarters, 101st Airborne Division Special Orders Number 49, dated 19 February 1968, awarded the applicant the PMOS of 12B3P.

9.  There are no orders in the applicant’s personnel records, which show that he was awarded the Combat Infantryman Badge.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served as a combat construction specialist (12B) in an engineer company during his service in Vietnam.

10.  Headquarters, 101st Airborne Division General Orders 7936, dated 22 October 1968, shows the applicant was awarded the Bronze Star Medal for meritorious service as a member of Company B, 326th Engineer Battalion in 
connection with military operations against a hostile force from 1 January 1968 to 31 August 1968.

11.  Headquarters, 82nd Airborne Division Special Orders Number 283, dated 13 December 1966, shows the applicant was awarded the Expert Qualification Badge with Rifle Bar.

12.  The applicant’s DA Form 20 shows in item 41 (Awards and Decorations) 
that he was awarded the Parachutist Badge by Headquarters, United States Army Infantry Center (USAIC) Special Orders Number 22, dated 26 January 1966.

13.  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.

CONCLUSIONS:

1.  The Board noted the applicant’s contentions that he was under fire eight times with the 101st Airborne Division in Vietnam and that he served with the 327th and 506th Infantry and was under fire with both units.  However, there is no evidence in the applicant’s records to show that he served in an infantry position in an infantry unit in combat. 

2.  Evidence of record shows that the applicant was an engineer and served in 
MOS 12A1P and 12B3P; however, there is no evidence to show that he was ever officially awarded an infantry MOS.

3.  Evidence of record shows the applicant served as a combat construction specialist (12B) in an engineer company while serving in Vietnam.  Therefore, he is not eligible for award of the Combat Infantryman Badge.

4.  Evidence of record shows he was awarded the Bronze Star Medal, the Expert Qualification Badge with Rifle Bar and the Parachutist Badge; therefore, he is entitled to correction of his records to show these awards.

5.  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 that the individual concerned was awarded the Bronze Star Medal, the Expert Qualification Badge with Rifle Bar and the Parachutist Badge.

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

BOARD VOTE:  

RVO_____  DSJ____  CJS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999027690	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000209	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19681118	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  157		
2.  60		
3.		
4.		
5.		
6.