PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:         29 October 2002                  
	DOCKET NUMBER: AR2002073781

	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. Karol A. Kennedy		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Lutz		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 he was assigned to an infantry unit in Vietnam, which was engaged in active ground combat and he was awarded the Purple Heart (PH).

4.  The applicant’s military records show that he was inducted and entered on active duty on 12 May 1970.  He was awarded the military occupational specialty of light weapons infantryman (military occupational specialty 11B) and was promoted to pay grade E-4.  

5.  He arrived in Vietnam on 7 November 1970 and was assigned to Company C, 3rd Battalion (Air Mobile), 187th Infantry Brigade as a rifleman.

6.  On 17 January 1971, while at Quang Tri, he was shot in the right hand, which caused him to fall and break his leg.  He was medically evacuated from Vietnam on 2 February 1971 and was honorably discharged on 28 October 1971 and placed on the Retired List the following day due to physical disability.

7.  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, 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.

8.  The Vietnam Campaign Medal with Device 1960, was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months.

9.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal 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.  

CONCLUSIONS:

1.  The applicant held an infantry MOS, and was assigned to an infantry unit which was engaged in active ground combat.  As such, he is entitled to the CIB.

2.  In addition, the applicant is entitled to the Vietnam Campaign Medal with Device 1960 and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

3.  Since the applicant's records depict a soldier with exemplary service, as evidenced by his being wounded in combat and a lack of any derogatory information, it is believed that the absence of a Good Conduct Medal was due to the fact that he was removed from his unit prior to the completion of his tour because of his physical disability.

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.  showing that the individual concerned was awarded the CIB; 

	b.  showing that he was awarded the Good Conduct Medal for the period 12 May 1970 to 28 October 1971;

	c.  showing that he was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Vietnam Campaign Medal with Device 1960; and

	c.  adding these awards to his separation document.

BOARD VOTE:  

____kak_  ___tap   _  ___bjl ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Karol A. Kennedy______
		        CHAIRPERSON

INDEX

CASE ID	AR2002073781	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021029	
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.