PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 July 2002
	DOCKET NUMBER:   AR2002071688

	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. Raymond V. O’Connor		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 the Combat Infantryman Badge (CIB).  

3.  The applicant states that he was in combat and earned the CIB.  He provides his Report of Transfer or Discharge, DD Form 214, as supporting evidence.  Counsel contends that the record indicates the applicant served as a personnel carrier driver with the 5th Mechanized Infantry while in Vietnam, this being in line with the duties of an infantryman.

4.  The applicant’s military records show that he enlisted in the Regular Army on 28 November 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 36K (Wireman).

5.  The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Company, 1st Battalion, 5th Infantry on 31 October 1967 as a wireman, personnel carrier driver, and switchboard operator at various times.  He departed on 19 October 1968 and received credit for four campaigns.

6.  The applicant was released from active duty on 10 December 1969.  His     DD Form 214 shows he was awarded the National Defense Service Medal, the Purple Heart, the Vietnam Service Medal, the Army Commendation Medal, the Republic of Vietnam Campaign Medal, the Sharpshooter Qualification Badge (rifle M-14) and the Expert Qualification Badge (rifle M-16).

7.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership have taken care to retain the badge for the unique purpose for which it was established.  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 during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  

8.  Army Regulation 600-8-22 states that one bronze service star is worn on the appropriate service medal for each credited campaign.

9.  Department of the Army Pamphlet 672-3 shows that the 1st Battalion, 5th Infantry was awarded the Presidential Unit Citation for the period 18 August through 20 September 1968, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 through August 1968, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period       1 January 1966 through 21 January 1970.

CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The Board deeply appreciates the applicant’s service with an infantry unit and notes that, with his performance of duties as a personnel carrier driver for a period of time and his award of the Purple Heart, he most certainly was engaged in combat.  However, these factors do not qualify him for award of the CIB.  The most basic of the three requirements for award of the CIB is that the soldier be an infantryman.  The applicant was not an infantryman.  

3.  The applicant is authorized to wear four bronze service stars on his Vietnam Service Medal.  In addition, he was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  He is authorized to wear these unit awards, also.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant’s DD Form 214 be amended to show he was awarded the Vietnam Service Medal with four bronze service stars, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

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	AR2002071688	
SUFFIX		
RECON		
DATE BOARDED	2002/07/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.