PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           18 July 2002                  
	DOCKET NUMBER:   AR2002068462

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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 a decoration, ribbon or device to show that he served in combat.

3.  The applicant states, in effect, that he served in combat by loading 105mm howitzers while under fire and as a radiotelephone operator (RTO) for an artillery liaison officer assigned to the infantry.

4.  The applicant’s military records show that he enlisted and entered active duty on 9 September 1968.  He completed training as a wheeled vehicle mechanic, military occupational specialty (MOS) 63B and was assigned to A Battery, 2nd Battalion, 40th Artillery, 199th Infantry Brigade in the Republic of Vietnam (RVN) on 24 March 1969.  On 5 May 1969 he was assigned as an RTO, MOS 13A with the same unit.

5.  Headquarters, 199th Infantry Brigade General Orders Number 2494 awarded the applicant the Army Commendation Medal for Meritorious Achievement.  And Item 40 (Awards) of his DA Form 20 (Enlisted Qualification Record) shows that he was authorized the Marksman Qualification Badge with Rifle Bar.

6.  The applicant was processed for a hardship discharge and returned to the United States on 22 December 1969.  On 24 December 1969, he was separated with an honorable characterization of service and transferred to the Army Reserve in pay grade E-3.  His conduct and efficiency ratings were excellent throughout his enlistment.   His DD Form 214 (Report of Transfer or Discharge) lists his authorized awards as the National Defense Service Medal, the [RVN] Vietnam Campaign Medal and the Vietnam Service Medal.  

7.  Army Regulation 600-8-22 also provides that the Good Conduct Medal 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.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a “Good” academic mark in a service school was not disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20.

8.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign 
periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  These include:  Tet 69 Counteroffensive, ending on 8 June 1969; Vietnam Summer-Fall 1969, ending on 31 October 1969; and Vietnam Winter-Spring 1970; ending on 30 April 1970.

9.  Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973. 
 
10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not list the applicant's unit as the recipient of any other unit awards during his tour of duty.  

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge (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, Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.  The Combat Medical Badge (CMB) is similar in that it applies only to medical personnel who are indigenous to infantry units.

CONCLUSIONS:

1.  Unfortunately other than the CIB, the CMB, individual decorations for wartime heroism, and the Bronze Arrowhead (Assault Landing) device for wear on an appropriate service medal, there are no awards that, in and of themselves, identify a soldier as a combat veteran.

2.  The applicant was awarded the Army Commendation Medal and this individual decoration should be shown on his DD Form 214.

3.  He distinguished himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service and earned the Good Conduct Medal.  It should be awarded for the period from 9 September 1968 through 24 December 1969.

4.  The applicant's tour of duty in Vietnam included qualifying parts of three designated campaign periods and he is entitled to wear three bronze service stars on his Vietnam Service Medal.

5.  His unit was authorized the RVN Gallantry Cross with Palm Unit Citation. 

6.  He earned the Marksman Qualification Badge with Rifle Bar.

7.  The above awards should be shown on his DD Form 214. 

8.  In view of the foregoing, correcting the applicant’s records as recommended below would correct errors and rectify injustices.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the authorized awards of the individual concerned consist of the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the RVN Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal and the Marksman Qualification Badge with Rifle Bar.

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

BOARD VOTE:  

__RVO__  _SK  ____  __JPI___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O'Connor, Jr._______
		        CHAIRPERSON

INDEX

CASE ID	AR2002068462	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020718 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PART	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.