PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            2 May 2002
	DOCKET NUMBER:   AR2002066854

	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. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Christopher J. Prosser		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 report of separation (DD Form 214) be corrected by showing that he was awarded the Combat Infantryman Badge (CIB), one or two awards of the Air Medal (AM), the Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Civil Actions Honor Medal, First Class (RVNCAHM-FC) Unit Citation.

3.  The applicant states that as an infantryman in Vietnam, he earned the CIB and had enough air time for one or two awards of the AM.  He further states that the 25th Infantry Division earned the PUC and the 2nd Battalion (Bn), 12th Infantry Regiment (Regt) earned the MUC.  In addition he is entitled to be awarded the RVNCAHM-FC Unit Citation.

4.  The applicant’s military records show that he was inducted on 6 January 1969.  He was promoted to the pay grade of E-6 on 31 October 1969 and was transferred to Vietnam on 30 November 1969, for duty as an infantryman.  He was assigned to Company C, 2d Bn, 12th Infantry Regt, 25th Infantry Division.  He departed Vietnam on 8 November 1970 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) as an early overseas returnee.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He had served 1 year, 10 months and 3 days of total active service and his DD Form 214 shows that he was awarded the National Defense Service Medal, the Good Conduct Medal, the Bronze Star Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

5.  He continued to serve in the USAR until 9 December 1972, when he enlisted in the Georgia Army National Guard (GAARNG).  He was commissioned as a second lieutenant in the GAARNG on 29 March 1973 and continued in that status until 23 September 1975, when he was transferred to the USAR Control group (Reinforcement).  On 13 August 1982, he was transferred to the USAR Control Group (Ready) and continued to serve in that capacity until he was transferred to the Retired Reserve in the rank of major, on 26 August 1996.

6.  A review of the available records fails to show that he was awarded the CIB on orders or that he was ever recommended for, or awarded the AM.

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.  

9.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that Department of the Army General Order (DAGO) 51, published in 1971, authorized the RVNCAHM-FC Unit Citation for the 2nd Bn, 12th Infantry Regt, for service in Vietnam during the period of 1 October 1966 to 31 October 1969. 

10.  The pamphlet also shows that the applicant’s unit, the 2nd Bn, 12th Infantry Regt, earned the PUC for action in Vietnam on 21 March 1966.  Headquarters and Headquarters Company, 25th Infantry Division earned the MUC for the period of January to June 1969.  In order to have the PUC and MUC entered on an individual’s military personnel records, the individual must have served with the unit at the time the unit earned the awards.

CONCLUSIONS:

1.  The applicant has failed to show that he was ever awarded the CIB and the AM or that he was recommended for those awards and they were not processed to completion.  Accordingly, in the absence of evidence to the contrary, there appears to be no basis to award them at this time.

2.  However, there is sufficient evidence to show that his unit was awarded the RVNCAHM-FC Unit Citation subsequent to his departure from Vietnam.  Accordingly, it would be in the interest of justice to award it to him at this time.

3.  The applicant’s contention that his units were awarded the PUC and MUC is correct.  However, the applicant was not assigned to those units during the period in which they earned those awards.  Therefore, he is not entitled to have those awards entered on his records or awarded to him.

4.  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 RVNCAHM-FC Unit Citation.

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

BOARD VOTE:  

__fe ____  ___cjp __  __wtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002066854	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  141	107.0095/RVNCAHM	
2.		
3.		
4.		
5.		
6.