PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            1 March 2001
	DOCKET NUMBER:   AR2000049764

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar		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 his Report of Transfer or Discharge (DD Form 214) be corrected to show the Bronze Star Medal (BSM), the Air Medal (AM) and the Combat Infantryman Badge (CIB).

3.  The applicant states that he was awarded the BSM and the AM and that he should have been awarded the CIB based on his military occupational specialty (MOS).  In support of his appeal he submits a copy of the certificate awarding him the BSM for meritorious achievement in ground operations against hostile forces while in the Republic of Vietnam.  He also submits a copy of the certificate awarding him the AM for meritorious achievement while participating in aerial flight while in the Republic of Vietnam.

4.  The applicant’s military records show that on 12 October 1967 he enlisted in the Army for 2 years in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.  On 16 April 1968, he was transferred to Vietnam.

5.  His awards include the National Defense Service medal, the Vietnam Service Medal, the Vietnam Campaign Medal w/Device 1960, the Marksman Badge (Rifle M-16) and two Overseas Service Bars.

6.  A review of the records shows that orders were published on 12 March 1969 awarding him the AM for meritorious achievement while participating in aerial flight, while assigned to the 1st Cavalry Division in Vietnam, during the period covering April 1968 to March 1969.

7.  Further review of the records show that orders were published on 14 March 1969 awarding the applicant the BSM for meritorious achievement in ground operation against hostile forces, while in Vietnam, during the period covering April 1968 to March 1969.

8.  Although the records show he performed duties in an infantryman MOS while he was in Vietnam, the records fail to show that orders were ever published awarding him the CIB.  Accordingly, it is reasonable to presume that he was engaging the enemy during the period he received the BSM and the AM.

9.  Army Regulation 600-8-22 provides that to be eligible for the Combat Infantryman Badge, a soldier must be an Army infantry or special forces officer in the grade of colonel or below, or an Army enlisted soldier or warrant officer with an infantry or special forces military occupational specialty (MOS), who subsequent to 6 December 1941 has satisfactorily performed duty while assigned or attached as a member of a infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

CONCLUSIONS:

1.  Administrative errors were made during the preparation of the applicant’s DD Form 214, which resulted in the omission of the BSM and the AM.

2.  The evidence of record clearly shows that he was awarded the AM on 12 March 1969 for meritorious achievement while participating in aerial flight and the BSM on 14 March 1969 for meritorious achievement in ground operations against hostile forces while in Vietnam.  Accordingly, his DD Form 214 should be corrected to reflect the BSM and the AM.

3.  The records also show that, while in the Vietnam, the applicant performed duties in a light weapons infantryman MOS.  His award of the BSM indicates that he participated in ground operations against hostile forces while in Vietnam; therefore, he is entitled to the award of the CIB.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

	a.  by amending the DD Form 214 of the individual concerned to reflect the awards of the Bronze Star Medal and the Air Medal; and

	b.  by awarding him the Combat Infantryman Badge effective 15 April 1968, while he was serving in the rank of private first class (PFC) and by amending his DD  Form 214 accordingly.

BOARD VOTE:  

__jhk ___  __clg____  ___rtd  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______John H. Kern_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000049764	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/03/01	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  60	107.0014	
3.  64	107.0018	
4.  159	107.0111	
5.		
6.