PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            21 September 2000 
	DOCKET NUMBER:   AR2000041684

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show military occupational specialty (MOS) 11B (infantry); award of the Combat Infantryman Badge, the Air Medal and any other awards or decorations to which he may be entitled.

3.  The applicant states, in effect, that his official MOS was 36K (wireman) in Vietnam but he ended up in a front line combat role.  He contends that he was an infantryman in a reconnaissance unit as evidenced by the photographs he submitted with his application.  In support of his application, he submits a letter from his therapist dated 17 March 2000; page three of his DA Form 20 (Personnel Qualification Record); an undated Request for Service Information; a copy of his DD Form 214; an undated letter of explanation; and numerous photographs depicting scenes of Vietnam.     

4.  The applicant’s military records show that he enlisted on 18 September 1970 for a period of 2 years.  He served as a wireman in Vietnam from 21 May 1971 through 11 March 1972 and was honorably released on 11 March 1972.

5.  Item 23a (Specialty Number & Title) on the applicant’s DD Form 214 shows the entry “36K20 WIREMAN 26 Apr 71 NONE”.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.  

6.  The applicant’s DD Form 214 does show the entry “AM” [Air Medal] as an authorized award and his personnel records contain orders for the Air Medal.  Therefore, this portion of the applicant’s request for award of the Air Medal will not be discussed further in these Proceedings.   

7.  The applicant’s personnel records show he completed advanced individual training (AIT) and was awarded primary MOS 36K (wireman) on 22 April 1971.  His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 36K during his assignments (Headquarters & Headquarters Company, 3rd Battalion, 1st Infantry, 11th Infantry Brigade; Company B, 3rd Battalion, 1st Infantry, 11th Infantry Brigade; and Headquarters & Headquarters Company, 196th Brigade) in Vietnam.  The applicant’s separation orders, dated 11 March 1972, show his MOS as 36K.

8.  The applicant’s personnel records contain a copy of 196th Infantry Brigade Special Orders Number 62, dated 2 March 1972, which show he was awarded the Combat Infantryman Badge effective 9 October 1972.  However, there is no evidence the applicant met the qualifications for this award.  The Board also notes that the effective date of this award is seven months after the end of the applicant’s assignment in Vietnam and his release from active duty.       

9.  The applicant’s records contain 196th Infantry Brigade General Orders Number 1000, dated 1 March 1972, which show he was awarded the Army Commendation Medal for the period 25 May 1971 through 10 March 1972.  This award is not shown on his discharge document.

10.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  He served in Vietnam from 21 May 1971 through 11 March 1972 and participated in three campaigns:  Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971); Consolidation I (1 July 1971 to 30 November 1971); and Consolidation II (1 December 1971 to 29 March 1972).        

11.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974.  This award is not shown on his discharge document.

13.  Review of the applicant’s records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

14.  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.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.   

16.  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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he served as an infantryman in a reconnaissance unit in Vietnam.  However, there is no evidence of record to support this contention.

2.  Evidence of record shows the applicant was awarded primary MOS 36K (wireman) upon completion of AIT and served in MOS 36K in Vietnam from 
21 May 1971 through 11 March 1972.

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded an infantry MOS, or served in an infantry unit or infantry position in combat during his assignment in Vietnam.  

4.  The applicant’s records contain 196th Infantry Brigade Special Orders Number 62, dated 2 March 1972, which show the applicant was awarded the Combat Infantryman Badge effective 9 October 1972.  

5.  Given all the facts of this case, the Board concluded that 196th Infantry Brigade Special Orders Number 62 were published in error and that the applicant was not eligible for award of the Combat Infantryman Badge at the time of his service in Vietnam and there is no basis for award of the Combat Infantryman Badge to him now.  Therefore, he is not entitled to correction of item 
23a (Specialty Number & Title) on his DD Form 214 or award of the Combat Infantryman Badge.   

6.  The applicant was awarded the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

7.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.

8.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 18 September 1970 through 11 March 1972 ending with termination of a period of Federal military service.

9.  The applicant’s unit was cited for the Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, he is entitled to correction of his military records to show this award.  

10.  In view of the foregoing findings and conclusions, it would be appropriate to correct 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 showing that the individual concerned was awarded the Army Commendation Medal, the Vietnam Service Medal with three bronze service stars, the first award of the Good Conduct Medal for the period 18 September 1970 through 11 March 1972 and the Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

JHL_____  CLG____  ENA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn H. Langston_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000041684	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720311	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0020	
3.	107.0073	
4.	107.0056	
5.	107.0094	
6.