PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 August 2000                   
	DOCKET NUMBER:   AR2000041599

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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 the Bronze Star Medal (BSM) and any other authorized medals be added to the Report of Transfer or Discharge, DD Form 214, of her deceased spouse, a former service member (FSM).

3.  The applicant makes no additional statement.  She provides a copy of a citation for the BSM as supporting evidence.

4.  The FSM’s military records show that he was inducted into the Army on        14 February 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5.  The FSM arrived in Vietnam on 26 July 1968 and was assigned to Company E, 1st Battalion, 26th Infantry, 1st Infantry Division.  He performed duties as an 11B scout observer/squad leader/senior scout observer until 23 May 1969 although his primary MOS had been changed to 11F (Infantry Operations and Intelligence Specialist) on 18 January 1969.  He performed duties as a 17K senior radar operator from 24 May 1969 until his departure on 15 July 1969.  

6.  The applicant has no record of any disciplinary actions.  His Personnel Qualification Record shows his conduct and efficiency ratings throughout his period of service as “excellent.”  He was honorably released from active duty on 13 February 1970 after completing 2 years of creditable active service.

7.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.  It also provided for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participates in such ground combat.

8.  Department of the Army Pamphlet 672-3 shows that the 1st Battalion, 26th Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class for the period October 1965 – April 1970.  It was also awarded the Vietnamese Cross of Gallantry with Palm but this award is already listed on his DD Form 214.

CONCLUSIONS:

1.  Although the General Orders awarding the FSM the BSM are not available, the Board accepts the award citation provided as sufficient evidence to show he was awarded the BSM.

2.  The evidence of record shows that the FSM met the criteria for award of the Army Good Conduct Medal for the period 14 February 1968 – 13 February 1970.

3.  The applicant was assigned to the 1st Battalion, 26th Infantry during a period of time the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class.

4.  The Board concludes that the FSM met the criteria for award of the Combat Infantryman Badge.  He was an infantryman performing infantry duties while in an infantry unit for the first six months he was in Vietnam.  Considering the awards his unit was awarded, the Board presumes that he performed these duties during a time the unit was engaged in active ground combat and that he actively participated in the ground combat.

5.  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:

     a.  showing that the FSM was awarded the Bronze Star Medal;

     b.  awarding the FSM the Army Good Conduct Medal for the period              14 February 1968 – 13 February 1970 and the Combat Infantryman Badge; and

     c.  amending the FSM’s DD Form 214 to add the Bronze Star Medal, the Combat Infantryman Badge, the Army Good Conduct Medal, and the Republic of Vietnam Civil Actions Honor Medal First Class.

BOARD VOTE:  

__mdm___  __js____  __kah___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Mark D. Manning
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041599	
SUFFIX		
RECON		
DATE BOARDED	20000810	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.		
3.		
4.		
5.		
6.