PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           3 October 2002
	DOCKET NUMBER:   AR2002072601

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Charles Gainor		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 his CIB was omitted from his separation document.

4.  The applicant’s military records show that he was inducted and entered on active duty on 28 June 1967.  He was awarded the Military Occupational Specialty (MOS) of infantryman.  He served in various troops of an armored cavalry squadron while in Vietnam, serving as a radar operator, security guard, senior scout observer, and finally as a rifleman.

5.  He was promoted to pay grade E-4 and was honorably released from active duty on 5 May 1969.  His awards consisted of the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

6.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, indicates that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam (RVN) Gallantry Cross Unit Citation with Palm.  That publication also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal are as follows:  Counteroffensive IV ended on 30 June 1968; Counteroffensive, Phase V, which started on 1 July 1968; Counteroffensive, Phase VI, starting on 2 November 1968; and Tet 69 Counteroffensive, starting on 23 February 1969 .  This regulation further shows that the applicant's major command, the 11th Air Calvary Regiment, was awarded the Valorous Unit Award (VUA) during the time the applicant was assigned.

7.  Army Regulation 600-8-22 provides that the Good Conduct Medal (GCM) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

8.  Army Regulation 600-8-22, paragraph 8-6, Combat Infantryman Badge, provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have engaged in ground combat with the enemy while serving in an assigned infantry or special forces primary duty.  This paragraph gives the example of a soldier which would be entitled to a CIB, as follows:  "For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB."

CONCLUSIONS:

1.  The applicant held an infantry MOS and served as a rifleman in a cavalry unit during a time when that unit was awarded the VUA.  The Board will make the assumption that the applicant engaged in ground combat with the enemy during that time based upon the VUA.  As such, he is entitled to the CIB.

2.  Also, the applicant is entitled to the Republic of Vietnam (RVN) Gallantry Cross Unit Citation with Palm, four bronze service stars to his Vietnam Service Medal, and the VUA.

3.  In addition, the applicant’s records show only faithful, unblemished service to his country.  Therefore, it must be presumed that the omission of a GCM was an administrative oversight.

4.  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:

	a.  awarding to the individual concerned the CIB;

b.  awarding to him the Republic of Vietnam (RVN) Gallantry Cross Unit Citation with Palm; 

	c.  adding four bronze service stars to his Vietnam Service Medal;

	d.  awarding him the VUA; and

	e.  awarding to him the GCM for the period 28 June 1967 to 3 May 1969.

BOARD VOTE:  

___wtm__  ____inw_  ___cg  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Irene N. Wheelwright_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002072601	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021003	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.