PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            14 May 2002
	DOCKET NUMBER:   AR2001066014

	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. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman, Jr.		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 records be corrected to show his awards of the Combat Infantryman Badge (CIB), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and any other awards to which he may be entitled.

3.  The applicant states, in effect, that he was wounded in Vietnam and received the Purple Heart.  He was also awarded the CIB and RVNGC w/Palm Unit Citation and they were never entered on his report of separation (DD Form 214). He goes on to state that he desires these awards to be entered on his records and awarded any other decoration to which he is entitled. 

4.  The applicant’s military records show that he enlisted in Indianapolis, Indiana, on 20 July 1964 for a period of 3 years.  He successfully completed his training as a light weapons infantryman and was transferred to Hawaii on 6 January 1965, where he was assigned to Company C, 2d Battalion, 35th Infantry Regiment, for duty as a rifleman.

5.  On 8 January 1966, he was transferred with his unit to Vietnam and on 1 June 1966, while serving in the pay grade of E-4, he was wounded/injured in action against a hostile force.  He was awarded the Purple Heart on 6 July 1966.

6.  He departed Vietnam on 9 September 1966 and was subsequently assigned to Fort Carson, Colorado, where he remained until he was honorably discharged in the rank of private on 5 October 1967.  At the time of his discharge, his DD Form 214 shows that he was awarded the Purple Heart, the Vietnam Service Medal, the National Defense Service Medal and the Republic of Vietnam Campaign Medal.  A review of his records fails to show that he was ever awarded the CIB.

7.  Army Regulation 600-8-22 establishes 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 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.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for service in Vietnam during the period he was assigned to the unit.  His unit participated in the Vietnam Counteroffensive and Counteroffensive Phase II Campaigns during the applicant’s tenure in Vietnam, accordingly he was authorized two bronze service stars for wear on his already awarded VSM.

CONCLUSIONS:

1.  Although the applicant’s records do not contain orders awarding him the CIB, his records do show that he was awarded the Purple Heart while assigned to an infantry company and while performing the duties of an infantryman.  Therefore, it is reasonable to presume that he was awarded the CIB as he claims and the failure to enter that information in his records was the result of an administrative error.  Accordingly, it would be in the interest of justice to correct his records at this time to show that he was awarded the CIB.

2.  Likewise, the evidence of record also shows that his unit was awarded the RVNGC w/Palm and it is also reasonable to presume that an administrative error resulted in that award not being annotated in his records as well.

3.  The applicant was entitled to be awarded two bronze service stars for his campaign participations, to be worn on his already awarded VSM.  

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 by showing that the individual concerned was awarded the CIB and the RVNGC w/Palm Unit Citation and by awarding him two bronze service stars for wear on his VSM.

BOARD VOTE:  

___kan__  ___mhm_  ___dh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Melvin H. Meyer_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001066014	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  157	107.0111/CIB	
3.  140	107.0094/RVNGC	
4.		
5.		
6.