PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 31 August 2000              
	DOCKET NUMBER:        AR2000041754

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Joe R. Schroeder		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 award of the Combat Infantryman Badge (CIB).

3.  The applicant states that he is entitled to the CIB because he served in an infantry unit for 5 months while in Vietnam from September 1965 to March 1966. He states that he drove an armored personnel carrier (APC) even though he was 11D20.  He also states that he carried a M16 rifle, fired upon the enemy and killed the enemy.  Also, he states that he was fired upon by the enemy with AK47’s, mortars and rockets which was an every day occurrence.  In support of his application, he submits a copy of his DD Form 214.

4.  The applicant’s military records show that he was inducted on 18 March 1964. He completed training as an armor intelligence specialist in military occupational specialty (MOS) 11D20.  He served in Vietnam from 21 September 1965 through 11 March 1966 and was honorably released from active duty on 12 March 1966.  

5.  The applicant’s DD Form 214, which is authenticated in his own hand, does not show the CIB as an authorized award.

6.  There are no orders in the applicant’s records which show he was awarded the CIB.  His DA Form 20 (Enlisted Qualification Record) shows he served as a scout driver in a calvary squadron.

7.  The Board noted that the applicant was eligible for award of the Purple Heart (First Oak Leaf Cluster) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his discharge document.

8.  The applicant’s DA Form 24 (Service Record) shows he was awarded the second award of the Purple Heart by Headquarters, 1st Infantry Division General Orders Number 5, dated March 1966.

9.  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 21, dated 1969.

10.  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.

CONCLUSIONS:

1.  Although the applicant contends that he is entitled to the CIB, evidence of record shows that he served as a scout driver in a calvary squadron during his assignment in Vietnam.  

2.  There is no evidence of record which shows that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam.  Therefore, he is not entitled to award of the CIB.

3.  Evidence of record shows that the applicant was awarded the second award of the Purple Heart during his service in Vietnam.  Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Purple Heart (First Oak Leaf Cluster).

4.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 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 by showing the individual concerned was awarded the Purple Heart (First Oak Leaf Cluster) and the Republic of 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:  

JRS_____  BE_____  SAC_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2000041754	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000831	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.