PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           24 August 2000
	DOCKET NUMBER:   AR2000040379

	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. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		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 (CIB).  He states that he may be entitled to the CIB because he was a forward observer with the 3d Battalion, 47th Infantry.  He has an Army Commendation Medal award given by that organization in December 1967 to prove that he served with the Infantry.

3.  The applicant’s military records show that he was appointed a Reserve commissioned officer in the rank of 2nd lieutenant, Artillery, on 11 June 1966.  He entered active duty on 29 November 1966 for a period of 2 years.  After completing the field artillery officer basic course, he was assigned to Fort Hood, Texas.

4.  In October 1967, the applicant was reassigned to Vietnam, where he served with Battery C, 3d Battalion, 34th Artillery, as a forward observer and an executive officer.  His time served in Vietnam is recorded as 25 October 1967 to 24 October 1968.

5.  On 2 February 1968, orders were published by Headquarters, 9th Infantry Division, awarding the applicant the Army Commendation Medal with “V” Device for heroism on 4 December 1967 in connection with military operations against an armed hostile force in the Republic of Vietnam.  The orders show that the applicant was assigned to Company C, 3d Battalion, 47th Infantry.  In the absence of any orders in his military records assigning him to that unit, it appears that, at the time, the applicant may have been attached to that unit.

6.  On 8 August 1968, orders were issued by Headquarters, 9th Infantry Division, awarding the applicant the Bronze Star Medal with “V” Device for heroism on 
9 May 1968 in connection with military actions involving conflict with an armed hostile force in the Republic of Vietnam.  The orders show that the applicant was assigned to Battery C, 3d Battalion, 34th Artillery.

7.  On 29 October 1968, the applicant was separated from active duty with an honorable characterization of service.  His DD Form 214 (Report of Transfer or Discharge) shows his specialty number and title as 1193, Field Artillery Unit Commander, and his awards as National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, and Bronze Star Medal (1st Oak Leaf Cluster).

8.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides that there are basically three requirements for the award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat against a hostile force, and he must actively participate in such ground combat.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

10.  The regulation further authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate service medal.  The applicant served in Vietnam during the following campaigns: Vietnam Counteroffensive, Phase III; TET Counteroffensive; Vietnam Counteroffensive, Phase IV; and Vietnam Counteroffensive, Phase V.

11.  Army Pamphlet 672-3 lists the time periods for which various units were awarded unit citations, including the Presidential Unit Citation and Meritorious Unit Citation.  The organization to which the applicant was assigned in Vietnam was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal during the period of his assignment.

CONCLUSIONS:

1.  The applicant was not an infantryman, nor did he ever hold an infantry occupational specialty, and is therefore not entitled to the CIB.

2.  The applicant was awarded the “V” device for heroism with both his Bronze Star Medal and his Army Commendation Medal.

3.  The applicant served in four campaigns during his service in Vietnam and is entitled to four Bronze Service Stars with his Vietnam Service Medal.

4.  The applicant is entitled to the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal, based on his assignment with the 3d Battalion, 34th 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:

     a.  showing that the individual concerned was awarded the Bronze Star Medal with “V” Device, and the Army Commendation Medal with “V” Device; and

     b.  awarding him four Bronze Service Stars with his Vietnam Service Medal; the Presidential Unit Citation; the Republic of Vietnam Gallantry Cross with Palm; and the Republic of Vietnam Civil Actions Honor Medal.

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

BOARD VOTE:  

__gdp___  _clg_____  __alr ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  __George D. Paxson__
		        CHAIRPERSON

INDEX

CASE ID	AR2000040379	
SUFFIX		
RECON		
DATE BOARDED	20000824	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	110.00	
3.		
4.		
5.		
6.