PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           3 August 2000
	DOCKET NUMBER:   AR2000035495

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Orville W. Troesch Jr.		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 award of the Combat Infantryman Badge and/or the Good Conduct Medal.

3.  The applicant states that he has received no recognition for putting his life on the line while engaged in battle with the Viet Cong or North Vietnamese Army on numerous occasions.  In support of his request, he submits his detailed statement describing his battles in Vietnam, a letter from the National Archives and Records Administration, a family care counseling statement, and his DD Form 214 (Report of Transfer or Discharge).

4.  The applicant’s military records show that he was inducted on 3 June 1964 and was trained as a basic field artilleryman (cannoneer), military occupational specialty (MOS) 13A.  After training, he was assigned to the 25th Infantry Division in Hawaii.  In January 1966, the applicant deployed with the 2d Battalion, 9th Artillery, to Vietnam where he performed as an assistant gunner and cannoneer.  He received exclusively excellent ratings for conduct and efficiency during his term of service.

5.  The applicant’s military records reveal no record of training or assignment as an infantryman (MOS 11B) while serving on active duty.

6.  The applicant was separated as an overseas returnee on 23 May 1966 at Oakland Army Base, California.  His DD Form 214 shows his primary specialty number and title as 13A1O, Field Artillery Basic, and his awards as Vietnam Service Medal and Sharpshooter Badge (Rifle).

7.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers and enlisted personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit or brigade, regimental or smaller size.  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 MOS 11B, 11C, 11F, 11G or 11H.

8.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

10.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized service stars will be worn on the appropriate service medal.

11.  Army Pamphlet 672-3 lists the time periods for which various units were awarded unit citations.  The organization to which the applicant was assigned in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm during the period of his assignment.

CONCLUSIONS:

1.  The applicant was not an infantryman, nor did he ever hold an infantry MOS, and is therefore not entitled to the Combat Infantryman Badge.

2.  The applicant met the qualifications for award of the Good Conduct Medal and the National Defense Service Medal.

3.  The applicant served in Vietnam during the Vietnam Counteroffensive Campaign and is entitled to a Bronze Service Star with his Vietnam Service Medal.

4.  The applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm based on his assignment with the 2d Battalion, 9th Artillery, in Vietnam.

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 awarding the individual concerned the Good Conduct Medal, National Defense Service Medal, one Bronze Service Star with his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm.

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

BOARD VOTE:  

__jns___  __esc____  __owt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000035495	
SUFFIX		
RECON		
DATE BOARDED	20000803	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.