PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 September 2002 
	DOCKET NUMBER:   AR2002073040

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and the Vietnam Campaign Medal.

3.  The applicant states that he served in Vietnam as part of an infantry unit conducting field operations to include enemy contact.  In support of his application, he submits a copy of his DD Form 214 and a roster of military members of his unit while in Vietnam.

4.  The applicant’s military records show that he was inducted on 11 March 1964. He served as a light weapons infantryman in Vietnam from 16 August 1965 through 16 November 1965 and was honorably released from active duty on 
26 August 1966. 

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge or the Vietnam Campaign Medal as authorized awards.

6.  1st Cavalry Division (Airmobile) Special Orders Number 124, dated 
2 November 1965, show the applicant was awarded the Combat Infantryman Badge.

7.  There is no evidence in the available records which shows the applicant served a period of qualifying service for award of the Vietnam Campaign Medal.
The applicant’s DD Form 214 shows that he served three months and 2 days in Vietnam.  His DA Form 20 (Enlisted Qualification Record) shows that he was evacuated from Vietnam and transferred to the United States for medical treatment on 17 November 1965.  However, there is no evidence of record that shows the applicant was evacuated from Vietnam due to wounds resulting from hostile action in Vietnam. 

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Presidential Unit Citation for actions during the period 23 October to 26 November 1965.  This award is not shown on his discharge document.

9.  Department of the Army Pamphlet 672-3 also shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.  This award is not shown on his discharge document.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

CONCLUSIONS:

1.  The applicant received the Combat Infantryman Badge on 2 November 1965. Therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  Although the applicant contends that he is entitled to award of the Vietnam Campaign Medal, there is no evidence of record available to the Board which shows he served a period of qualifying service for this medal.  Evidence of record shows the applicant served three months and two days in Vietnam, not six months as cited in the governing regulation.  Evidence of record does show that the applicant was evacuated from Vietnam and transferred to the United States for medical treatment.  However, there is no evidence that the applicant was evacuated from Vietnam due to wounds resulting from hostile action in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Vietnam Campaign Medal in this case. 

3.  The applicant’s unit received the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit citations.

4.  In view of the foregoing finding 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 showing that the individual concerned was awarded the Combat Infantryman Badge, the Presidential Unit Citation 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____  BJE_____  WDB___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2002073040	
SUFFIX		
RECON		
DATE BOARDED	20020910	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0000	
3.		
4.		
5.		
6.