PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 August 2002
	DOCKET NUMBER:   AR2002072955

	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. Ted S. Kanamine		Member	
	Ms. Lana E. McGlynn		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 his Report of Transfer or Discharge, DD Form 214, be amended to add the Purple Heart and the Combat Infantryman Badge.

3.  The applicant states that he was shot on 13 November 1970.  He provides his DD Form 214 as supporting evidence.

4.  The applicant’s military records show that he enlisted in the Regular Army on 8 January 1970.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 13A (Field Artillery Basic).

5.  The applicant arrived in Vietnam and was assigned to Battery C, 1st Battalion, 14th Artillery on 2 October 1970 as a cannoneer.  General Orders 7557, Headquarters, 23 Infantry Division dated 3 July 1971 awarded him the Purple Heart for wounds received on 13 November 1970.  He was assigned to Headquarters and Headquarters Battery, 1st Battalion, 14th Artillery on 16 June 1971 as a cannoneer.  He departed Vietnam on 10 September 1971 and was released from active duty on 16 September 1971.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Sharpshooter Badge Rifle M-16.

6.  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.  

7.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with device 1960 for members who served at least 6 months in Vietnam.

8.  Department of the Army Pamphlet 672-3 shows that Headquarters and Headquarters Battery, 1st Battalion, 14th Artillery was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April – 30 June 1971.
CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Purple Heart for wounds received on 18 November 1970.  He met the eligibility criteria for award of the Republic of Vietnam Campaign Medal with device 1960.  He was also assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is eligible to wear this unit award.

2.  The evidence of record shows that the applicant did not meet the eligibility criteria for award of the Combat Infantryman Badge.  The Board is cognizant of the valuable services he performed while serving as an artilleryman in Vietnam.  However, the primary requirement for award of the Combat Infantryman Badge is that the soldier be an infantryman.  The applicant was not an infantryman.

3.  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 Purple Heart, the Republic of Vietnam Campaign Medal with device 1960, 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:  

__FNE__  __ TSK  _  __LEM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn  _
		   CHAIRPERSON

INDEX

CASE ID	AR2002072955	
SUFFIX		
RECON		
DATE BOARDED	2002/08/13	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.	107.0111	
3.		
4.		
5.		
6.