PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           21 December 2000
	DOCKET NUMBER:   AR2000042000

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy 		Chairperson	
	Mr. Ernest W. Lutz Jr.		Member	
	Ms. Gail J. Wire 		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, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal and the Combat Infantryman Badge.

3.  The applicant’s military records show that he was inducted into the Army of the United States on 12 September 1967.  Following Basic Combat Training at Fort Leonard Wood, Missouri, he was sent to Fort Polk, Louisiana, for Advanced Individual Training in military occupational specialty (MOS) 11B, Light Weapons Infantryman.

4.  The applicant was transferred to Vietnam and served there from 3 March 1968 to 11 April 1968.  His unit of assignment was Company A, 2nd Battalion, 501st Infantry Regiment.  On 10 April 1968, the applicant was seriously wounded in a firefight near Phu Bai, Vietnam and he was medically evacuated to the 106th General Hospital, Japan.  On 6 June 1968, he was further transferred to Irwin Army Hospital, Fort Riley, Kansas, and assigned to the Medical Holding Company.

5.  On 24 October 1968, a Medical Evaluation Board (MEBD) evaluated the applicant for fitness for duty.  The MEBD found the applicant unfit and referred him to a Physical Evaluation Board (PEB).  An Informal PEB was held on 15 November 1968 at Fitzsimons General Hospital, Denver, Colorado.  The PEB found the applicant unfit for duty with an 80 percent disability based on a diagnosis of limited motion of the left ankle, left knee, and decreased sensation in the left hand.  It recommended that he be placed on the temporary disability retired list (TDRL).  The applicant concurred with the recommendation.

6.  On 11 December 1968, the PEB recommendation was approved by the Secretary of the Army and the applicant was placed on the TDRL on 18 December 1968.

7.  On 17 May 1971, the MEBD, during a periodic review of the applicant's disabling conditions, again found him unfit for duty and referred him to a PEB.

8.  On 29 June 1971, a PEB again found the applicant physically unfit for duty with an 80 percent disability, but this time recommended that he be permanently retired from the Army.  On 1 July 1971, the applicant concurred with the PEB‘s recommendation to permanently retire him.

9.  Letter Orders Number D 7-957, dated 29 July 1971, removed the applicant from the TDRL on 31 August 1971.  The applicant was permanently retired with an honorable discharge on 1 September 1971 by reason of physical disability.  He had 1 year, 3 months, and 7 days of creditable service.  His DD Form 214 reflects the following awards:  the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal, and the Marksmanship Badge (Rifle).
10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal (VCM).  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) 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.  

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

CONCLUSIONS:

1.  The evidence of record confirms the applicant met the requirements for award of the Combat Infantryman Badge, the Vietnam Campaign Medal, and the Good Conduct Medal.

2.  There is no available evidence that he was ever recommended for, or awarded the Bronze Star Medal.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, showing that he was awarded the Combat Infantryman Badge, the Vietnam Campaign Medal, and the Good Conduct Medal.

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

BOARD VOTE:  

__kak___  __ewl___  __gjw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Karol S. Kennedy___
		        CHAIRPERSON

INDEX

CASE ID	AR2000042000	
SUFFIX		
RECON		
DATE BOARDED	20001221	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710831	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0014	
2.	107.0111	
3.		
4.		
5.		
6.