PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            24 July 2001
	DOCKET NUMBER:   AR2001054913

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. William D. Powers		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 he be awarded the Combat Infantryman Badge (CIB) and all other awards he is entitled to receive for his service in Vietnam.

3.  The applicant states, in effect, that at the time he served he did not speak English very well and had to have someone interpret for him.  He also states that he served in the infantry in Vietnam and in September 1965 the forward observer directed him to fire and he accidentally killed a water buffalo.  As a result, he was made a rifleman.

4.  The applicant’s military records show that he was inducted at Fort Buchanan, Puerto Rico on 6 November 1963.  He successfully completed his training at Fort Jackson, South Carolina and was transferred to Fort Benning, Georgia for duty as an infantry indirect fire (mortar) crewman.  He remained at Fort Benning until he was transferred to Vietnam with his unit on 17 August 1965.

5.  The applicant served with Headquarters and Headquarters Company, 2d Battalion, 12th Cavalry, 1st Cavalry Division (Airmobile) until 16 October 1965     (2 months), when he was returned to Oakland Army Base, California and was honorably released from active duty as an early overseas returnee.  He had served 1 year, 11 months and 17 days of total active service and was awarded the expert and marksman marksmanship badges.

6.  A review of the available records failed to show any indication that the applicant ever engaged the enemy in combat while assigned to an infantry unit in Vietnam.  His record is also void of any derogatory information.

7.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

8.  Army Regulation 672-5-1 also prescribed Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

9.  That regulation also provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.  It also states that the Republic of Vietnam Campaign Medal (RVNCM) is awarded for service in Vietnam for a duration of at least 60 days during the period 1 March 1961 to 28 March 1973.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  

11.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that Department of the Army General Order (DAGO) 59, published in 1969, authorized the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm) for service in Vietnam during the period 9 August 1965 to 9 May 1969 to the applicant’s assigned unit.

CONCLUSIONS:

1.  The applicant has failed to show through the evidence of record or evidence submitted with his application that he met the award criteria for the CIB of engaging in ground combat against an enemy while in Vietnam.  Accordingly, there appears to be no basis to award him the CIB. 

2.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 5 November 1963 to 21 October 1965.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.

3. The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

4.  The Board also determined that the applicant is entitled to awards of the NDSM, the RVNCM, the RVNGC w/palm for his Vietnam service during the period of 17 August 1965 to 16 October 1965.  Although these awards were authorized subsequent to the applicant’s separation from active duty, the Board concluded, in the interest of equity, that the applicant’s record should be corrected to include these awards at this time.
5.  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 by awarding the individual concerned the RVNCM, the NDSM, the RVNGC with palm and the AGCM for the period 5 November 1963 to 21 October 1965 while serving in the rank of private first class (PFC), and that his records be corrected accordingly.

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

BOARD VOTE:  

__mvt___  ___wdp__  ___js ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2001054913	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/07/24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  102	107.0056/AGCM	
2.  115	107.0069/NDSM	
3.  134	107.0088/RVNCM	
4.  140	107.0094/RVNGC	
5.  157	107.0111/CIB	
6.