PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 September 2001
	DOCKET NUMBER:   AR2001058705

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 his military records be corrected to show award of the Army Commendation Medal (ARCOM) and the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that these awards were inadvertently omitted from his Armed Forces of the United States Report of Transfer or Discharge 
(DD Form 214).  He contends that he was awarded the ARCOM and CIB for service to the United States and it would only be just to show this correction in his military records.  In support of his application, he provides a copy of a Department of the Army Certificate showing he was awarded the ARCOM for exceptionally meritorious achievement in the Republic of Vietnam (RVN) during the period from 1 October 1968 to 28 February 1969.

4.  The applicant’s military records show that he enlisted in the Army on 
31 January 1968 for 3 years.  He successfully completed his initial training, to include the 3-week Basic Airborne Course.

5.  On 3 August 1968, he was assigned to the RVN for duty as a clerk (70A).  He served with Headquarters and Headquarters Battery, 2nd Battalion, 11th Artillery, 101st Airborne Division from 6 September 1968 to 28 February 1969.  He then served with the 1st Battalion, 321st Artillery, 101st Airborne Division, until 
25 August 1969.  During this time he performed duties as a supply clerk (76Y).

6.  He was reassigned to the United States on 26 August 1969 and served as a supply clerk at Fort Hood, Texas, until being honorably released from active duty on 19 March 1971.  His rank at that time was private, E-2, and he had completed 
3 years of creditable active service prior to his transfer to the United States Army Reserve.  

7.  The applicant’s DD Form 214 lists in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons) the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal (VSM) with four bronze service stars, the Parachutist Badge, the RVN Campaign Medal (VCM) with Device (1960), and the Marksmanship Qualification Badge (Marksman) with rifle bar.  Item 25 (Education and Training Completed) does not show completion of the 3-week Basic Airborne Course in 1968.

8.  The applicant has provided a copy of an ARCOM certificate showing he was awarded the ARCOM for meritorious achievement in ground operations against hostile forces in the RVN during the period from 1 October 1968 to 28 February 1969.  It was issued on 9 April 1969 and signed by the Commanding General, 101st Airborne Division.

9.  Department of the Army General Orders 48, dated 1971, announced award of the RVN Civil Actions Honor Medal Unit Citation, First Class, to the 2nd Battalion, 11th Artillery, 101st Airborne Division, for the period 10 June 1968 to 2 May 1970.

10.  Department of the Army General Orders 43, dated 1970, announced award of the RVN Gallantry Cross with Palm Unit Citation, to the 2nd Battalion, 11th Artillery, 101st Airborne Division, for the period 19 July 1968 to 14 May 1969.

11.  Army Regulation 672-5-1, in effect at the time, provided 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 primary duties 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 active ground combat.  Battle participation credit alone is not sufficient.

12.  Army Regulation 600-8-22 provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  There are no orders available supporting the applicant’s contention that he was awarded the ARCOM.  However, the certificate provided by the applicant is consistent with his period of service in the RVN and bears the signature of the appropriate commander.  Furthermore, the ending date on the certificate coincides with his reassignment from the 11th Artillery to the 321st Artillery.  Therefore, the Board is sufficiently convinced that the applicant was awarded the ARCOM for meritorious achievement during his assignment with the 11th Artillery and is entitled to have his records so corrected.

2.  The evidence of record shows the applicant was not awarded an infantry MOS and did not perform primary duties as an infantryman with a brigade size or smaller infantry unit in actual combat.  Thus, the Board finds an insufficient evidentiary basis to show he is eligible for the CIB.

3.  However, his unit was awarded the RVN Civil Actions Honor Medal, First Class and the RVN Gallantry Cross with Palm Unit Citation during the period of his assignment.  Therefore, his record should be administratively corrected to show these awards.

4.  The applicant’s DD Form 214 should be corrected to show he completed the 3-week Basic Airborne Course in 1968.
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, particularly the DD Form 214 of the individual concerned, be corrected:

a.  By showing that he was awarded the ARCOM, the RVN Civil Actions Honor Medal, First Class, and the RVN Gallantry Cross with Palm Unit Citation; and

b.  By showing that he completed the 3-week Basic Airborne Course in 1968.

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

BOARD VOTE:  

__LLS___  __MHM__  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Luther L. Santiful___
		        CHAIRPERSON

INDEX

CASE ID	AR2001058705	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/06	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT (PARTIAL)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.