PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            28 September 2000 
	DOCKET NUMBER:   AR2000043390

	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:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Donald P. Hupman, Jr.		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, correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Bronze Star Medal, the Combat Infantryman Badge and the Parachutist Badge. 

3.  The applicant states, in effect, that he was recommended for award of the Bronze Star Medal in August 1968.  He also contends that he volunteered for and served as an artillery forward observer’s radio telephone operator and that his platoon leader recommended him for award of the Combat Infantryman Badge because he had “done everything an infantryman did and more for over 10 months.”  The applicant goes on to state that he is also entitled to the Parachutist Badge.  In support of his application, he submits a letter of explanation.   

4.  The applicant’s military records show that he enlisted on 27 October 1966 for a period of 3 years.  He served as a field artillery crewman in Vietnam from
1 December 1967 through 20 August 1968.  The applicant was discharged under other than honorable conditions on 2 May 1970 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.  The applicant’s discharge was upgraded to under honorable conditions (general) on 26 May 1977 by the Special Discharge Review Program.    

5.  The applicant’s DD Form 214 does show the Bronze Star Medal as an authorized award.  Therefore, this portion of the applicant’s request for award of the Bronze Star Medal will not be discussed further in these Proceedings.

6.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge or the Parachutist Badge as authorized awards.

7.  There are no orders for the Combat Infantryman Badge in the applicant’s personnel records.   

8.  The applicant’s records fail to show that he served as a radio telephone operator in military occupational specialty (MOS) 05B (radio operator) during his assignment in Vietnam.  

9.  His records do show that he was assigned to Battery A, 2d  Battalion, 319th Artillery, 101st Airborne Cavalry Division, in MOS 13A (field artillery) during his assignment in Vietnam.  

10.  DA Form 1577 (Authorization for Issuance of Awards), dated 24 March 1994, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the Parachutist Badge.

11.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed positions which qualified for award of the Combat Infantryman Badge.  The regulation authorized award of the Combat Infantryman Badge to radio telephone operators (MOS 05B) provided their primary duty was to accompany infantry or infantry-type units on tactical operations. 

12.  Army Regulation 600-8-22 (Military Awards) 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.  Evidence of record shows the applicant served in MOS 13A (field artillery) during his assignment in Vietnam.

2.  There is no evidence of record the applicant served in MOS 05B as a radio telephone operator in an infantry company in combat.  There also is no evidence that he 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, the applicant is not entitled to award of the Combat Infantryman Badge.  

3.  The applicant was awarded the Parachutist Badge; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  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 that the individual concerned was awarded the Parachutist Badge.

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

BOARD VOTE:  

RVO___  EMW_____  DPH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR200043390	
SUFFIX		
RECON		
DATE BOARDED	20000928	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19770526	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10  	
DISCHARGE REASON	For the good of the service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0120	
3.		
4.		
5.		
6.