PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 23 February 2000
	DOCKET NUMBER:        AR2000036586

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Raymond J. Wagner		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, two awards of the Air Medal, and any other awards to which he is entitled.

3.  The applicant states that he served from June 1968 to June 1969 in the 1st Infantry Division and was awarded the Combat Infantryman Badge, but it was never put on his discharge.

4.  The applicant’s military records show that he was inducted on 12 January 1968 and completed training as a light weapons infantryman.  He served in Vietnam and Germany and was honorably discharged on 25 January 1970.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Air Medal, and the Army Commendation Medal (First Oak Leaf Cluster) as authorized awards.  

6.  The applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized award.  There are no orders which show that the applicant was awarded the Combat Infantryman Badge.  His discharge shows that his military occupational specialty (MOS) was light weapons infantryman (11B).  The applicant submitted a copy of a General Order for a valor award which states that the applicant was a grenadier in an Company D, 2d Battalion, 28th Infantry of the 1st Infantry Division.

7.  The applicant provided a copy of 1st Infantry Division General Orders 3826, dated 14 May 1969, which awarded the applicant the Air Medal for the period 22 July 1968 to 12 October 1968.  There is no evidence that the applicant was recommended for or awarded any additional awards of the Air Medal.

8.  The applicant provided a copy of 1st Infantry Division General Orders 3857, dated 14 May 1969, which awarded the applicant the Army Commendation Medal for service during the period June 1968 to June 1969.

9.  The applicant provided a copy of 1st Infantry Division General Orders 9726, dated 31 August 1969, which awarded the applicant the Army Commendation Medal with “V” Device for his heroism in combat on 12 May 1969.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded an infantry military occupational specialty.  The applicant’s records show that he served in an infantry duty position in an infantry unit of regimental or smaller size in combat in Vietnam.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

2.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or received any additional awards of the Air Medal.

3.  Orders show the applicant was awarded the Army Commendation Medal and the Army Commendation Medal with “V” Device.  Therefore, the applicant is entitled to correction of his records to show the Army Commendation Medal  with “V” Device (First Oak Leaf Cluster).

4.  Evidence of record shows the applicant was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show this award.

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:

	a.  by showing the individual concerned was awarded the Combat Infantryman Badge;

	b.  deleting the entry “Army Commendation Medal w/1st Oak Leaf Cluster” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214;

	c.  by adding the entry “Army Commendation Medal with “V” Device (First Oak Leaf Cluster) in item 24 of the applicant’s DD Form 214; and

	d.  by showing he was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

RVO____  EB_____  RJW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2000036586	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000223	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700125	
DISCHARGE AUTHORITY	AR 635-200. . . . .  	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.