PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 March 2001
	DOCKET NUMBER:   AR2000046639

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Harry B. Oberg		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 item 17e (Date of Entry) and item 22a (Net Service this Period) be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests that he be awarded the Combat Infantryman Badge (CIB), all awards and decorations that he is entitled, and his DD Form 214 be corrected to show his time served in Vietnam.

3.  The applicant states that his date of entry and total active service should be corrected to read 1 February 1967 and 3 years and 1 day.  Also, his DD Form 214 does not show his Vietnam service ribbons, the CIB, or his Vietnam period of service.

4.  The applicant’s military records show that he entered the Army on 2 February 1967 for a period of 3 years.  His military occupational specialty (MOS) was 76P (Stock Control Accountant).  He served in Vietnam from 8 November 1967 to 
31 October 1968 and was assigned to the 625th Supply and Service Company.  He was honorably released from active duty on 2 February 1970 in the rank of specialist four.

5.  The applicant’s DD Form 214 shows 2 February 1967 in item 17e (Date of Entry) and 2 years and 1 day in item 22a (Net Service this Period).  Item 30 (Remarks) of the applicant’s DD Form 214 does not show his time served in Vietnam.

6.  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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

7.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214.  The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with inclusive dates of service in Vietnam and the entries ”Yes” or “No” for service in Indochina and Korea.

8.  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.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam 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 more and contributed direct combat support to the Republic of Vietnam and 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.

10.  Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge for service in Vietnam for the following periods of service 8 February 1962 to 28 March 1973 and 20 July 1965 to 28 March 1973).

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of 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 service medal.

12.  Appendix B of Army Regulation 600-8-22 list the Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive, Phase IV, and the Vietnam Counteroffensive, Phase V as authorized bronze service stars to be worn on the Vietnam Service Medal.

CONCLUSIONS:

1.  Item17e (Date of Entry) of the applicant’s DD Form 214 is correct.  The file indicates he entered the Army on 2 February 1967.

2.  Item 22a (Net Service this Period) of the applicant’s DD Form 214 shows his total active service as 2 years and 1 day.  However, his correct service of 3 years and 1 day should be reflected in that item. 

3.  The applicant is entitled to the Republic of Vietnam Campaign Medal with 
60 Device, the Vietnam Service Medal with 4 bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.  The applicant is entitled to correction of his records to show these awards 

4.  The applicant’s period of service in Vietnam should be reflected in item 32 (Remarks) of his DD Form 214 in accordance with regulatory guidance.
5.  There is no evidence of record that shows he was awarded or recommended for the CIB.  There also is no evidence which shows that he was personally present and under fire or assigned to a unit actively engaged in ground combat with the enemy.  Therefore, he is not entitled to award of the CIB.

6.  In view of the foregoing, 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:

a.  by showing the individual concerned was awarded the Vietnam Service Medal with 4 bronze service stars, the Republic of Vietnam Campaign Medal with 60 Device, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge; and

b.  by showing the entry 3 years and 1 day in 22a (Net Service This Period) on the DD Form 214 with an effective date of 2 February 1970; and

c.  by showing the entry “VIETNAM SERVCE: 671108-681031 in item 30 (Remarks) on the DD Form 214 with an effective date of 2 February 1970; 

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

BOARD VOTE:  

__SK___  __EWL___  __HBO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Stanley Kelley_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000046639	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010306	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.