PROCEEDINGS

	IN THE CASE OF	     

	BOARD DATE:              3 June 2003                     
	DOCKET NUMBER:     AR2003085100

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Paul M. Smith		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, in effect, that his record be corrected to show he earned the Bronze Star Medal (BSM) with Valor (“V”) Device and the Air Medal (AM). 

3.  The applicant states, in effect, that his separation document (DD Form 214) does not show that he earned the BSM with “V” Device or the AM.  In support of his application, he provides a copy of orders that awarded him the BSM with “V” Device, the citation that accompanied his AM, and a copy of his DD Form 214.

4.  The applicant’s military records show that on 18 February 1971, he was honorably released from active duty (REFRAD), by reason of early separation of overseas returnee, after completing 2 years, 7 months, and 1 day of active military service. 

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 8 February 1970 to 19 February 1971.  It also shows that while he was serving in the RVN, he was assigned to the 3rd Battalion (Abn) of the 503rd Infantry Regiment, and that he performed duties in military occupational specialty (MOS) 11B (Infantryman).

6.  The DD Form 214, issued to and signed by the applicant on the date of his separation confirms that he held the rank and pay grade of private /E-1 on that date.  This document also shows that he earned the following awards during his tenure on active duty:  Parachutist Badge; Vietnam Service Medal; Army Commendation Medal; Air Medal; and RVN Campaign Medal with 60 Device.

7.  The applicant provided a copy of General Orders Number 701, dated 
30 March 1971, issued by Headquarters, 173rd Airborne Brigade, which awarded him the BSM with “V” Device, for heroism in connection with ground operations against a hostile force in the RVN on 1 October 1971.  

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards.  Paragraph 2-13 contains guidance on awarding the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN.  Table B-1 lists all campaigns.  It confirms that during the applicant‘s tenure of assignment in the RVN, he was credited with participating in the following three campaigns: Vietnam Winter-Spring 1970; DA Sanctuary Counteroffensive; and Vietnam Counteroffensive Phase VII.  

9.  Paragraph 8-6c provides of the awards regulation states, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry personnel who have an infantry MOS, and who serve and participate in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This document confirms that during his tenure of assignment in the RVN, the applicant’s unit (503rd Infantry Regiment) received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

CONCLUSIONS:

1.   The Board notes the applicant’s contention that his record does not reflect award of the BSM with “V” Device, and it finds this claim has merit.  However, the evidence confirms that the applicant’s receipt of the AM was a part of his official military record, and that the AM was included in the list of awards contained on his DD Form 214, and no further action is required on the portion of the applicant’s request pertaining to the AM.  

2.  The evidence of record confirms that orders were published awarding the applicant the BSM with “V” Device, for his heroism in connection with ground operations against a hostile force in the RVN on 1 October 1971.  Therefore, the Board concludes that it would be appropriate to add this earned award to his record at this time.  

3.  By regulation, a member must serve in an infantry specialty, serve in an infantry unit, and be personally present with this unit while it is engaged in action against the enemy in order to qualify for award of the CIB.  The record confirms that the applicant satisfied all three of these requirements while serving in combat in the RVN.  This is evidenced in the reason listed in the orders that awarded him the BSM with “V” Device, for his heroism while engaged in ground operations against a hostile force on 1 October 1971.  Thus, the Board also finds that it would be appropriate to add the CIB to his record at this time.

4.  In addition, the record verifies that based on his unit service and campaign participation in the RVN, the applicant is entitled to three bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the Board further concludes that these awards should also be added to his record 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 in addition to those awards already listed on his DD Form 214, the individual concerned also earned the Bronze Star Medal with “V” Device; Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; by showing he is entitled to 3 bronze service stars with his Vietnam Service Medal; and by providing him a corrected separation document that reflects these awards.

BOARD VOTE:  

__JHL  _JLP_  __PMS _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Joann H. Langston
		 CHAIRPERSON

INDEX

CASE ID	AR2003085100	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1. 60	 107.0014	
2. 64	 107. 0018	
3.		
4.		
5.		
6.