PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 June 2000
	DOCKET NUMBER:   AR2000037370

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Arthur A. Omartian		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 that he be awarded the combat infantryman badge (CIB).

3.  The applicant states that he served as an infantryman in Vietnam in an Air Cavalry unit in numerous combat situations and was not awarded the CIB due to mistakes made by a clerk.

4.  The applicant’s military records show that he was inducted in Brooklyn, New York on 12 September 1968.  He successfully completed his training and was transferred to Vietnam on 5 February 1969 for duty as a light weapons infantryman.  He was initially assigned to Company D, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division. 

5.  On 6 April 1969 he was returned from the field because he woke up talking, yelled and walked around while on his site and on guard duty.  He was diagnosed as having a chronic anxiety reaction and was prescribed valium and no field duty for a week.  He returned to the clinic on 11 April 1969 and his medication was changed to librium.  The available medical records show that he continued to experience problems adjusting and followed up by doctors in mental health who recommended that he be transferred to another unit. 

6.  His records show that in December 1969 he was transferred to another unit and that his primary military occupational specialty was changed to that of a chaplain’s assistant on 25 January 1970, the date he was promoted to the pay grade of E-5.  

7.  A review of his records also shows that he was awarded the Air Medal (AM) on 15 December 1969 for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period of February 1969 to December 1969.  He was also awarded the Army Commendation Medal (ARCOM) on 17 December 1969 for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period February 1969 to February 1970.

8.  The applicant departed Vietnam on 4 February 1970 and was transferred to Fort Benning, Georgia where he served as a chaplain’s assistant until he was honorably released from active duty on 11 September 1970 due to the expiration of his term of service.

9. Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

CONCLUSIONS:

1.  Although the Board cannot determine with any degree of certainty if and when the applicant actually engaged the enemy in combat, given his awards of the AM and the ARCOM, it is reasonable to presume that at some point during his tour in Vietnam as an infantryman in a cavalry unit that he did in fact engage the enemy and should have been awarded the CIB by the time the AM was awarded on 15 December 1969.

2.  Accordingly, it would be in the interest of justice to award him the CIB at this time.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge on 15 December 1969 while serving in the pay grade of E-4 with Company D, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division.

BOARD VOTE:  

___slp___  ___ao___  ___lm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Shirley L. Powell_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000037370	
SUFFIX		
RECON		
DATE BOARDED	2000/06/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111/CIB	
2.		
3.		
4.		
5.		
6.