PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            16 October 2001
	DOCKET NUMBER:   AR2001058970

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Ms. Regan K. Smith		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 he be awarded the Combat Infantryman Badge (CIB), the Presidential Unit Citation (PUC), the Air Medal (AM) and the Good Conduct Medal (GCM).

3.  The applicant states that he has enough helicopter and fixed wing flight time in a combat zone to qualify for the AM.  He further states that the PUC was awarded to the unit in which he served and he never received the citation.  He also states that after 3 years of service, he never received the GCM and the orders awarding him the CIB were not merged with his personnel folder.

4.  The applicant’s military records show that on 28 October 1964, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.  He attended basic airborne training from 12 March until 14 May 1965 and on 20 May 1965, he was transferred to Vietnam.  While in Vietnam, he was assigned to Company B 2nd Battalion (Airborne), 503rd Infantry, performing the duties of automatic rifleman.  He returned to the Continental United States on 31 May 1966 and was assigned to the 501st Infantry at Fort Campbell, Kentucky, on 28 July 1966.

5.  His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, two Overseas Service Bars, the Parachutist Badge, the Sharpshooter Badge (Rifle M-16), the First Class Gunner Badge (Machine Gun M-60), and the Expert Badge (Rifle M-14).

6.  A review of the records fail to show that the applicant is entitled to the AM or the PUC.  However, the records do show that the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  His conduct and efficiency ratings were exceptional throughout his period of enlistment.  He was honorably released from active duty on 27 October 1967, at the expiration of his term of service.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal (AM) is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

10.  Army Regulation 600-8-22 further provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

11.  That same regulation 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.

12.  Army Regulation 600-8-22 provides that effective 1 March 1961 the Meritorious Unit Commendation (MUC) was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Order Number 51, dated 1971.

CONCLUSIONS:

1.  There is no evidence of record, nor has the applicant submitted any evidence, to support his contention that he is entitled to the AM or that his unit was ever cited for award of the PUC.

2.  However, the records clearly show that the unit to which he was assigned was cited for award of the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and his records should be corrected to reflect his awards.  

3.  The applicant distinguished himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service in accordance with the applicable regulation.  There is no evidence of record that shows that he was disqualified for the GCMDL.  It must be presumed that, through no fault of his own, an error was made which resulted in his failure to be awarded the GCMDL and his records should now be corrected to reflect this award.

4.  Additionally, he was in Vietnam, assigned to an infantry unit, serving in an infantry MOS performing the duties of a rifleman.  It is reasonable to presume that at some point during his tour of duty in Vietnam, he engaged in active ground combat with enemy forces.  Consequently, he is also entitled to the CIB.

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 the Combat Infantryman Badge, the Good Conduct Medal, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

___rks___  __dh____  ___rvo __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2001058970	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  64	107.0018	
3.  77	107.0031	
4.  102	107.0056	
5.  157	107.0111	
6.