PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 August 2001                   
	DOCKET NUMBER:   AR2001058191

	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. James E. Vick		Chairperson	
	Ms. Barbara J. Ellis 		Member	
	Mr. William D. Barr		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, the Bronze Star Medal and the Army Commendation Medal.  He also requests that his discharge document be corrected to show his dates of service in Vietnam.  

3.  The applicant submitted two applications.  He states, in effect, that he was a paratrooper and sniper in Vietnam and that his discharge document does not reflect the Combat Infantryman Badge, the Bronze Star Medal or the Army Commendation Medal.  He also contends that his discharge document does not show his service in Vietnam from January 1970 through December 1970.  In support of his applications, he submits a copy of his DD Form 214; General Orders, a citation and an award certificate for the Army Commendation Medal; and a citation and an award certificate for the Bronze Star Medal. 

4.  The applicant’s military records show that he was inducted on 19 June 1969.  He served as a light weapons infantryman in Vietnam and was honorably released on 22 December 1970 and transferred to the United States Army Reserve Control Group (Annual Training).  The Board notes that the applicant was separated from the service on temporary records and a soldier’s affidavit.  

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge, the Bronze Star Medal or the Army Commendation Medal as authorized awards.  Item 30 (Remarks) on his DD Form 214 shows the entry “VN [Vietnam] SERVICE:  NVAL [not available]”. 

6.  The applicant’s military records show that his military occupational specialty (MOS) was 11B (light weapons infantryman) and that he was assigned to Company A, 4th Battalion (Airborne), 503d Infantry during his assignment in Vietnam.    

7.  173D Airborne Brigade General Orders Number 3026, dated 20 November 1970, show the applicant was awarded the Bronze Star Medal for meritorious service in Vietnam during the period January 1970 to January 1971.  However, the Board notes that the applicant was released from active duty on 
22 December 1970.

8. 173D Airborne Brigade General Orders Number 2926, dated 8 November 1970, show the applicant was awarded the Army Commendation Medal for meritorious achievement in Vietnam during the period 21 May 1970 to 
21 October 1970. 

9.  There is no evidence in the available records which shows the applicant’s inclusive dates of service in Vietnam.

10.  173D Airborne Brigade General Orders Number 1119, dated 16 May 1970, show the applicant was awarded the Purple Heart for wounds received in action on 9 May 1970 in Vietnam.  This award is not shown on the applicant’s discharge document.

11.  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.

12.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the 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 the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

CONCLUSIONS:

1.  Evidence of record shows the applicant served in an infantry MOS in an infantry company in Vietnam.  Evidence of record also shows that while serving as an infantryman, the applicant was wounded in action on 9 May 1970 in Vietnam.  Based on the foregoing, the applicant is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this badge.   

2.  The applicant was awarded the Bronze Star Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

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

4.  The Board noted that the applicant’s DD Form 214 shows he was separated on temporary records and a soldier’s affidavit.  The Board also noted that the applicant’s inclusive dates of service in Vietnam were not available at the time of his separation on 22 December 1970.

5.  The Board considered the applicant’s contention that he served in Vietnam from January 1970 through December 1970 and that his dates of service are not shown on his discharge document.  Therefore, as an exception to regulation, the Board determined that the applicant is entitled to correction of item 30 (Remarks) on his discharge document to show that he served in Vietnam from January 1970 to December 1970.     

6.  The applicant received the Purple Heart for wounds received in action on 
9 May 1970.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this award. 

7.  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 showing that the individual concerned was awarded the Combat Infantryman Badge; 

b.  by adding the entries “Combat Infantryman Badge”, “Bronze Star Medal”, “Army Commendation Medal” and “Purple Heart” in item 
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; 

	c.  by deleting the entry “VN SERVICE:  NVAL” in item 30 (Remarks) on his DD Form 214; and 

	d.  by adding the entry “VN SERVICE:  JAN 70 – DEC 70” in item 30 on his DD Form 214.  

BOARD VOTE:  

JEV____  BJE____  WDB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__James E. Vick_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001058191	
SUFFIX		
RECON		
DATE BOARDED	20010821	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0000	
3.		
4.		
5.		
6.