PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            25 March 2003              
	DOCKET NUMBER:   AR2003083875

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 that he was in combat and wounded on 18 March 1970.  The CIB was never issued to him.

4.  The applicant’s military records show that he was inducted into the Army on 15 May 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  The applicant arrived in Vietnam and was assigned to Company B, 2d Battalion, 8th Cavalry on or about 17 October 1969 where he performed duties as an 11B10 rifleman.

6.  Headquarters, 1st Cavalry Division (Airmobile) awarded the applicant the Army Commendation Medal with "V" device for action on 5 March 1970 on General Orders 4933, dated 3 April 1970.

7.  Headquarters, 1st Cavalry Division (Airmobile) awarded the applicant the Army Commendation Medal with "V" device for action on 18 March 1970 on General Orders 4379, dated 24 March 1970.

8.  The applicant was medically evacuated from Vietnam on 26 March 1970 after receiving participation credit for two campaigns.

9.  The applicant was honorably released from active duty on 4 May 1971.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Army Good Conduct Medal, the Purple Heart, one overseas bar, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Expert Qualification Badges with Rifle and Machinegun bars, and the Vietnam Service Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides for the award of the CIB 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.  

11.  Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.  

12.  Army Regulation 600-8-22 provides for the wear of an oak leaf cluster (a bronze oak leaf cluster or a silver oak leaf cluster in lieu of five bronze oak leaf clusters) to denote award of the second and succeeding awards of decorations.  It provides for the wear of the "V" device to denote participation in acts of heroism involving conflict with an armed enemy.  In the case of multiple "V" devices for the same award, only one "V" device is worn on the service ribbons.

13.  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 that, at the time of the applicant's assignment to the 2d Battalion, 8th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army Number 11, dated 1973.

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 2d Battalion, 8th Cavalry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army Number 42, dated 1972.

CONCLUSIONS:

1.  It appears to the Board that the applicant met the eligibility criteria for award of the CIB.  He was an infantryman assigned to an infantry unit during a period of time that unit was actively engaged in ground combat.  His two awards of the Army Commendation Medal with "V" device show that he actively participated in that ground combat.

2.  The applicant's two Army Commendation Medals with "V" device are not listed on his DD Form 214 and should be added.

3.  The applicant received participation credit for two campaigns while in Vietnam and therefore met the eligibility criteria to wear two bronze service stars on the Vietnam Service Medal.  His DD Form 214 should be amended accordingly.

4.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the applicant the Combat Infantryman Badge.

2.  That the applicant's DD Form 214 be amended to add the Combat Infantryman Badge, the Army Commendation Medal (First Oak Leaf Cluster with "V" Device), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he is authorized to wear two bronze service stars with the Vietnam Service Medal.

BOARD VOTE:  

__jns___  __mhm___  ___jtm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2003083875	
SUFFIX		
RECON		
DATE BOARDED	20030325	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.