PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            14 May 2002                  
	DOCKET NUMBER:   AR2002067044

	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. Lee Cates		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 entitlement to award of the Bronze Star Medal (BSM) and the Combat Infantryman Badge (CIB) as well as all other awards and decorations he earned.

3.  The applicant states that he was awarded the BSM and the CIB along with other medals as a result of his combat service in Vietnam, but they were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He does not provide the names of the other medals he contends he is entitled to nor does he provide evidence of the awards. 

4.  The applicant’s military records show that he was inducted into the Army on 20 August 1965 and discharged on 16 November 1966.  He then enlisted on     17 November 1966 and had continuous active service until his discharge on       9 March 1973.

5.  During the period 11 November 1970 to 3 November 1971, he served in units in Vietnam, in military occupational specialty 11F (Infantry Operations Noncommissioned Officer).

6.  General Orders Number 24, dated 19 October 1968, 193d Infantry Brigade announce the award of the Good Conduct Medal (GCMDL) (1st award) for the applicant for the period 20 August 1965 to 20 August 1968.

7.  General Orders Number 9854, dated 12 October 1971, 101st Airborne Division announce the award of the BSM for meritorious service during the period November 1970 to November 1971.

8.  General Orders Number 252, dated 29 October 1971, 101st Airborne Division announce the award of the GCMDL (2nd award) for the period 21 August 1968 to 20 August 1971. 

9.  On 9 March 1973, he was discharged from active duty under Army Regulation 635-200, chapter 13, for unfitness.  His DD Forms 214 indicate he had 7 years,  6 months and 20 days of creditable service.  He was entitled to award of the BSM, the National Defense Service Medal (NDSM), the Armed Forces Expeditionary Medal (AFEM), the Parachutist Badge, the GCMDL (2nd award), and the Vietnam Service Medal (VSM).

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal (RVCM).  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

13.  Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB).  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific timeframes and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the OSB for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one OSB is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to  28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the OSB.

14.  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 11 November 1970 to 13 July 1971 by Department of the Army General Order Number 6, dated 1974.

CONCLUSIONS:

1.  The evidence of record shows the applicant’s award of the BSM, the NDSM, the AFEM, the Parachutist Badge, the GCMDL (2nd award), and the VSM have previously been documented on his DD Forms 214.

2.  The evidence also shows entitlement to award of the CIB, the VCM, 2 OSB and 2 bronze service stars to the VSM (RVN Counteroffensive, Phase VII and Consolidation, Phase I) for service in Vietnam during the period 11 November 1970 to 3 November 1971, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 11 November 1970 to 13 July 1971.

3.  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 the individual concerned was awarded the CIB, the VCM, 2 OSB and 2 bronze service stars to the VSM (RVN Counteroffensive, Phase VII and Consolidation, Phase I) for service in Vietnam during the period 11 November 1970 to 3 November 1971, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 11 November 1970 to 13 July 1971.

BOARD VOTE:  

_kan____  _mhm___  _dph___   GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Melvin H. Meyer
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067044	
SUFFIX		
RECON		
DATE BOARDED	20020514	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.