PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            4 June 2002
	DOCKET NUMBER:   AR2002067488

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		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, in effect, that he be awarded the Combat Infantryman Badge (CIB) and promoted to sergeant/E-5 (SGT/E-5).

3.  The applicant states, in effect, that his unit commander told him he would be promoted to SGT/E-5 and that he would receive the CIB since they fought with the 4th Infantry Division.  He claims that he was assigned to the 2nd Platoon, Company A, 4th Infantry Division, and that he received the Army Commendation Medal (ARCOM) with Valor (“V”) Device for heroism in combat with this unit. 

4.  The applicant’s military records show that on 6 March 1969, he was honorably discharged by reason of permanent disability, after completing 2 years, 
2 months, and 2 days of active military service. 

5.  The separation document (DD Form 214) issued to and authenticated by the applicant with his signature on the date of his separation, confirms that he held the rank and pay grade of specialist/E-4 (SP4/E-4) and that he was serving in military occupational specialty (MOS) 12B (Combat Engineer).  It also shows that during his active duty tenure, he earned the following awards and decorations:  Purple Heart; Army Commendation Medal; National Defense Service Medal; Vietnam Service Medal (VSM): and the Republic of Vietnam (RVN) Campaign Medal with 60 device.

6.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that the highest rank he attained while serving on active duty was SP4/E-4.  It also shows that he served in the RVN from 20 June 1967 to 7 April 1968, was assigned to Company A, 4th Engineer Battalion, 4th Infantry Division, performing duties in MOS 12B as a Combat Engineer, and participated in three campaigns.  

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Order (GO) Number (#) 2823, dated 25 June 1968, issued by the 
4th Infantry Division, RVN, which shows that the applicant’s ARCOM was awarded with a “V” Device, for heroism in connection with military operations against an armed hostile force in the RVN on 26 March 1968.  

8.  The applicant’s DA Form 20 and MPRJ contain no orders, documents, or other information that indicates that the applicant was ever recommended for, promoted to, or held the rank of SGT/E-5 during his tenure on active duty.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Chapter 8 contains guidance on awarding Badges and Tabs.  Paragraph 8-6 contains the criteria for awarding the CIB.  It states, in pertinent part, that there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat. 

10.  Paragraph 2-23 of the award regulation contains the guidance on awarding the VSM.  It states, in pertinent part, that a bronze service star is authorized for each campaign a member participated in while serving in the RVN.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This document shows that during his assignment tenure, the unit to which the applicant was assigned was awarded the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he was told by his commander that he would be promoted to SGT/E-5 and receive the CIB based on his combat service with the 4th Infantry Division in the RVN.  However, it finds insufficient evidence to support these claims.  

2.  The evidence of record gives no indication that the applicant was ever recommended for, promoted to, or held and served in the rank and pay grade of SGT/E-5 during his tenure on active duty.  Therefore, the Board finds insufficient evidence to support this requested relief. 

3.  By regulation, a member must hold an infantry MOS, serve in an infantry unit, and be personally present with this unit while it is engaged in action against the enemy in order to qualify for award of the CIB.  The record confirms that the applicant held the MOS 12B, a non-infantry MOS, and performed duties as a Combat Engineer during his assignment tenure in the RVN.  Therefore, it finds no evidentiary basis for awarding him the CIB.

4.  During its review of this case, the Board did find that the applicant was awarded his ARCOM with a “V” Device, for heroism, and that the “V” Device was not properly recorded in the list of authorized awards contained in his separation document.  Therefore, the Board finds it would be appropriate to correct his records to properly list the “V” Device with his earned ARCOM at this time. 

5.  In addition, the evidence of record also confirms that based on his unit service in the RVN, the applicant is entitled to the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Further, based on his participation in three campaigns, he is entitled to 3 bronze service stars with his VSM.  Thus, the Board concludes that it would also be appropriate to add these awards to his record at this time.

6.  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 showing that the individual concerned earned his ARCOM with a 
“V” Device for heroism; that based on his unit’s service in the RVN, he is entitled to the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; that based on his campaign participation in the RVN, he is entitled to 3 bronze service stars for his Vietnam Service Medal; and by providing him a corrected separation document that includes these changes. 

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

BOARD VOTE:  

     JLP          AAO           RKS       GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		        Jennifer L. Prater
		        CHAIRPERSON

INDEX

CASE ID	AR2002067488	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/04	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	PARTIAL 	
REVIEW AUTHORITY		
ISSUES         1.	131.0000	
2.		
3.		
4.		
5.		
6.