PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 June 2002
	DOCKET NUMBER:   AR2002069878

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Thomas Lanyi		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 the Combat Infantryman Badge.

3.  The applicant states that he was an infantryman and served in combat with the 1st Infantry Division in Vietnam.  He provides his Report of Separation from Active Duty, DD Form 214, and a portion of his Enlisted Qualification Record, DA Form 20, as supporting evidence.

4.  The applicant’s military records show that he enlisted in the Regular Army on 6 December 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  The applicant arrived in Vietnam and was assigned to Security Guard Company, Special Troops, U. S. Army Vietnam on 16 June 1967.  He was reassigned to Company A, 1st Battalion, 26th Infantry, 1st Infantry Division on       2 July 1967 as a rifleman.  He was reassigned to Company C, 1st Battalion, 26th Infantry, 1st Infantry Division on 9 July 1967 as a rifleman.

6.  On 30 July 1967, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for going from his appointed place of duty, the platoon sector of the perimeter.

7.  On 4 August 1967, the applicant was convicted by a special court-martial of disobeying an order to position himself on the listening post.  He was sentenced to confinement at hard labor for three months (suspended); to forfeit $64.00 pay for three months, and to be reduced to pay grade E-1.  There is no evidence to show he served any time in confinement.

8.  On or about 18 March 1968, the applicant was reassigned to Headquarters and Headquarters Company and Band, Support Command and later reassigned to several other units where he received an additional Article 15 and a court-martial in September 1968 for being disrespectful in language towards his superior officer and for disobeying a lawful command to remain in the battalion headquarters building.

9.  Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.

CONCLUSIONS:

1.  There is evidence of record to show that, when the applicant initially arrived in Vietnam, he received nonjudicial and judicial punishment for shirking his duties as an infantryman.  However, there is no further evidence to indicate he did not perform his infantryman duties from 4 August 1967 until he was reassigned out of the 1st Battalion, 26th Infantry on or about 18 March 1968.  This appears to be further confirmed by the fact his suspended sentence to confinement as a result of his 4 August 1967 court-martial was not vacated.  It appears that he met the criteria for award of the Combat Infantryman Badge for his service as an infantryman subsequent to his 4 August 1967 court-martial.

2.  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 awarding the applicant the Combat Infantryman Badge and by amending his DD Form 214 to add the Combat Infantryman Badge.

BOARD VOTE:  

__JNS__  __EJA__  __TL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone   ___
		        CHAIRPERSON

INDEX

CASE ID	AR2002069878	
SUFFIX		
RECON		
DATE BOARDED	2002/06/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.