PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 July 2002
	DOCKET NUMBER:   AR2002072217

	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. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Donald P. Hupman, Jr.		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 he be awarded the Army Service Ribbon (ASR), the Combat Infantryman Badge (CIB), and that he be awarded a medal for saving American lives.

3.  The applicant states that he helped save American lives when a soldier pulled a grenade on them.  He provides no supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on 22 April 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 55A (Ammunition Apprentice).

5.  The applicant arrived in Vietnam and was assigned to the 33d Ordnance Company from 16 February – 7 September 1970 and the 606th Ordnance Company from 8 September to 28 December 1970 when he departed Vietnam after receiving credit for three campaigns.  He was released from active duty on 29 December 1970.  His Report of Transfer or Discharge, DD Form 214, shows he was awarded the National Defense Service Medal and the Vietnam Service Medal as well as two marksman qualification badges.

6.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  The ASR was established on 10 April 1981 and is awarded to members of the U. S. Army for successful completion of initial entry training.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and USAR in an active Reserve status are eligible for this award.  The CIB is awarded 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.  The Republic of Vietnam Campaign Medal with device 1960 is awarded to a member assigned to Vietnam for 6 months or longer.  One bronze service star is authorized for wear on the appropriate service medal for each credited campaign.

7.  All units assigned to Vietnam were later awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Title 10, U. S. Code, section 1130 (formerly known as section 522 of the National Defense Authorization Act of 1996) provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations 

previously established by law.  A separate DA Form 638, Recommendation for Award, must be submitted which clearly identifies the unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which an individual is requesting recognition must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  The law also requires that a request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requestor.  The request should be sent, through the Member of Congress, to:  Commander, U. S. Total Army Personnel Command, ATTN:  TAPC-PDO-PA (Awards Branch), Room 3S67, Hoffman II, 200 Stovall Street, Alexandria, VA  22332-0400.

CONCLUSIONS:

1.  The applicant does not meet the eligibility criteria for award of the ASR. The Board appreciates his service in a combat area but he was not an infantryman and was not assigned to an infantry unit so he does not meet the eligibility criteria for award of the CIB.  

2.  The applicant’s DD Form 214 should be amended to add the Republic of Vietnam Campaign Medal with device 1960, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to show he is authorized to wear three bronze service stars with the Vietnam Service Medal.

3.  If the applicant believes that he should have been recommended for a personal decoration for saving a life or for any other reason, he should follow the procedures described above.  A DA Form 638 is provided for his use.

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 add the Republic of Vietnam Campaign Medal with device 1960, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to show he is authorized to wear three bronze service stars with the Vietnam Service Medal.

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

BOARD VOTE:  

__FNE__  __MHM__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						      ___Fred N. Eichorn___
							CHAIRPERSON

INDEX

CASE ID	AR2002072217	
SUFFIX		
RECON		
DATE BOARDED	2002/07/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0078	
2.	107.0111	
3.		
4.		
5.		
6.