PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            31 October 2002
	DOCKET NUMBER:   AR2002072060

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Donald P. Hupman		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 award of the Combat Infantryman Badge.

3.  The applicant states, in effect, that he served in Vietnam and he was assigned to the 196th Infantry Brigade.  He contends that everyone in his unit received their Combat Infantryman Badge except him.

4.  The applicant’s military records show that he enlisted in the Regular Army with parental consent on 29 October 1970 for 3 years.  He completed the required training and was awarded military occupational specialty MOS 
94B20 (cook).  He served in Vietnam from 9 January 1972 through 23 November 1972 and was honorably released on 29 November 1973.  

5.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the awards of the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, 
1 Overseas Service Bar, and the Sharpshooter Badge (M-16).  It does not show the Combat Infantryman Badge.

6.  There are no orders in the applicant's service personnel records that show he was awarded the Combat Infantryman Badge.

7.  His DA Form 20 (Enlisted Qualification Record) item 38 (Record of Assignments) shows his principal duty as a cook in the 2nd Squadron of the 
11th Armored Cavalry Regiment.  He was reassigned to the 196th Infantry Brigade where he served as a cook.  His DA Form 20 shows his duty MOS as 11B20 (Light Weapons Infantryman) during his assignment in the 196th Infantry Brigade.  However, this appears to be an altered entry and there are no orders in the applicant's service personnel records that show he was awarded an infantry MOS.  He subsequently served in the U.S. Army Hospital-Saigon, Vietnam, as a cook until his reassignment to the United States.

8.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  However, the awards of the two bronze service stars are not reflected on the applicant's DD Form 214.

9.  The Department of the Army Pamphlet 673-3 (Unit Citation and Campaign Participation Credit Register) lists the unit award received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on based on Department of the Army General Orders Number 
8, dated 1974.  This unit award is not shown on the applicant's DD Form 214.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge 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 of the 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.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded MOS 
94B20 (cook) upon completion of advanced individual training.

2.  The evidence of record shows the applicant served in Vietnam as a cook.

3.  There is no evidence the applicant was awarded an infantry MOS or served in an infantry duty position in combat.

4.  There are no orders in the applicant's service personnel records which show that he was ever awarded an infantry MOS.  Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.

5.  The evidence of record shows that the applicant served in Vietnam during two campaigns entitling him to wear two bronze service stars with the Vietnam Service Medal.  

6.  The evidence of record also shows that the applicant was assigned to a unit during that time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

7.  In view of the foregoing, findings and conclusions it would be appropriate to correct the applicant’s records but only as recommended below. 

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending the applicant's DD Form 214 to show the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

__CLG__  ___DPH _  ____RKS  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002072060	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/31	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.