PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 July 2002
	DOCKET NUMBER:  AR2002069624

	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. Vic Whitney		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, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his parachutist qualification on his military occupational specialty (MOS), to show his pay grade as E-5, and to show his authorized awards.  In a separate statement he also wants his last unit of assignment corrected.

3.  The applicant states that his DD Form 214 does not show his correct rank, MOS, unit of assignment, or all of his authorized awards.

4.  The applicant’s military records show that he was inducted and entered active duty on 16 July 1969.  After completion of infantry and basic airborne training he was assigned to Vietnam.  He was promoted to the pay grade of E-4 effective 13 April 1970.  His DA Form 20 (Qualification Record) shows that he was assigned to the 3/187th Infantry effective 9 July 1970 and was enroute to the United States effective 22 May 1971.  His DD Form 214 shows that he was credited with Vietnam service from 25 June 1970 through 28 May 1971.  There are no unit assignment orders for his period of service in Vietnam in the available record.

5.  Effective 28 May 1971, the applicant was separated from active duty and transferred to the Army Reserve.  His DD Form 214 shows his pay grade as E-4, his unit as the 3/187 Infantry, and his MOS as 11B10.  His authorized awards included the Vietnam Service Medal and the Parachutist Badge.  He had 1 year, 9 months, and 21 days creditable service and 22 days of lost time due to AWOL.

6.  The applicant's separation orders issued on 28 May 1971, shows his pay grade as E-4 and his MOS as 11B2P.  Promotion orders issued on 4 June 1971, show that the applicant was promoted to the pay grade of E-5 effective 23 May 1971 and awarded MOS 11B40.  His unit of assignment is listed as Company A, 2/501st Infantry.

7.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge (CIB).  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal (VCM).  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.

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

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign credit received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by Department of the Army General Order Number 8, dated 1974.  It also shows that he was assigned to a unit for credit during one campaign period.

CONCLUSIONS:

1.  Notwithstanding that the order promoting the applicant to pay grade E-5 was issued after his separation from active duty, the effective date of 23 May 1971, appears to show the intent of the command to have him promoted prior to his separation.  It would be in the interest of justice to correct his records to reflect this promotion.

2.  The applicant was a qualified parachutist and his separation order reflected this in his listed MOS of 11B2P.  Based on his promotion to E-5, his records should be corrected to show his MOS as 11B4P.

3.  Although there is conflicting information in the available record concerning the applicant's unit of assignment in Vietnam, the promotion order shows his unit as Company A, 2/501st Infantry and this unit should be reflected as his last unit of assignment on his DD Form 214.

4.  The available records show that the applicant was an infantryman assigned to an infantry unit in combat.  Therefore, the applicant is entitled to the award of the CIB.

5.  The applicant's recorded service in Vietnam also shows that he is entitled to the Vietnam Campaign Medal, one bronze service star for the Vietnam Service Medal, and the Vietnam Gallantry Cross with Palm Unit Citation.

6.  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 for the individual concerned be corrected by:

	a.  showing that he was promoted to pay grade E-5 effective, 23 May 1971, as a member of Company A, 2/501st Infantry with the MOS of 11B4P; and

	b.  showing that he was awarded the CIB, the Vietnam Campaign Medal, one bronze service star for the Vietnam Service Medal, and the Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

__ro___  ___sk___  __ji____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O'Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2002069624	
SUFFIX		
RECON		
DATE BOARDED	20020718	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	100.05	
3.	107.00	
4.	129.05	
5.		
6.