PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 May 2003
	DOCKET NUMBER:   AR2003083977

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Robert Duecaster		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 separation (DD Form 214) be corrected to reflect his award of the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that he has recurring nightmares of his experiences in Vietnam and has applied for disability for Post-Traumatic Stress Disorder.  However, because his DD Form 214 does not have his CIB on it, he has been told that he does not qualify. 

4.  The applicant’s military records show that he was initially inducted on 1 September 1966 and on 8 September 1966, he enlisted in the Regular Army for a period of 3 years 

5.  He was advanced to the pay grade of E-4 on 12 September 1967 and on 28 July 1968, he was transferred to Vietnam.  He was assigned to Company B, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division for duty as an infantry indirect fire crewman. 

6.  On 31 August 1968, General Orders Number 244, published by Headquarters, 1st Cavalry Division, awarded the applicant the CIB.

7.  He was promoted to the pay grade of E-5 on 3 December 1968 and he departed Vietnam on 27 July 1969, when he was transferred to Oakland, California, and was honorably released from active duty (REFRAD) as an overseas returnee. He had served 2 years, 10 months and 27 days of total active service.  His DD Form 214 issued at the time of his REFRAD indicates that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Bronze Star Medal, the Air Medal and the Army Commendation Medal with "V" device.  His records also show that he had excellent conduct and efficiency ratings throughout his service and contain no derogatory information of any kind.

8. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation  for the period he was assigned.  Additionally, he participated in four campaigns, which entitles him to four bronze service stars for wear on his already awarded VSM.

9.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

CONCLUSIONS:

1.  The applicant was clearly awarded the CIB in Vietnam and it appears that an administrative error resulted in its omission from his DD Form 214 at the time of his REFRAD.  Accordingly, it would be in the interest of justice to add it at this time.

2.  Additionally, the evidence of record also shows that his unit was awarded the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and that he is entitled to be awarded four bronze service stars for wear on his already awarded VSM.

3.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 1 September 1966 through 27 July 1969.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

5.  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 showing that the individual concerned was awarded the CIB and by awarding him the AGCM for the period of 1 September 1966 through 27 July 1969, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and four bronze service stars for wear on his already awarded VSM.

BOARD VOTE:  

__mdm__  ___sac __  __rd____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2003083977	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111/CIB	
2.  140	107.0094/RVNGC	
3.  141	107.0095/RVNCAHM	
4.  102	107.0056/AGCM	
5.		
6.