PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               15 July 2003
	DOCKET NUMBER:       AR2003085200

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Eric N. Andersen		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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.  He also requests that the dates of lost time be removed from his DD Form 214.

3.  The applicant states that he was awarded the Combat Infantryman Badge during 1967 and 1968 while assigned to Company D, 3rd Battalion, 25th Infantry Division in Vietnam.  He contends that his DD Form 214 does not reflect this award.  He believes that the time lost shown on his DD Form 214 should be removed.  In support of his application, he submitted two photographs; a copy of a special court-martial order; and a copy of his DD Form 214.

4.  The applicant’s military records show that he was inducted into the Army on 16 March 1967.  He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served with Company D, 3rd Battalion, 22d Infantry, 25th Infantry Division in Vietnam from 24 August 1967 through 3 September 1968.  The applicant was honorably released from active duty on 25 March 1969 in the temporary grade of specialist four.

5.  The applicant's DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

6.  The applicant was awarded the Combat Infantryman Badge based on Headquarters, 25th Infantry Division Special Orders Number 326, dated 22 November 1967.

7.  On 22 July 1968, the applicant was convicted by a special court-martial for being absent without leave (AWOL) from 14 June 1968 to 23 June 1968.  He was sentenced to perform hard labor for 60 days and to be reduced to the grade of private first class (PFC).  The convening authority approved the sentence on 25 July 1968.

8.  Headquarters, 25th Infantry Division Special Order Number 40 published on 4 August 1968 set aside the portion of the applicant's sentence as it pertained to performance of hard labor for 60 days.  The order stated that, "All rights, privileges, and property of which the accused has been deprived by virtue of that portion of the sentence so set aside will be restored."  The applicant's reduction to the grade of PFC was duly executed.  

9.  Item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS) of the applicant's DA Form 20 (Enlisted Qualification Record) shows "14 Jun 68 to 23 Jun 68 AWOL."  Item 30 (Remarks) on the applicant's DD Form 214 lists the same inclusive periods of time lost.

10.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the military campaigns of the Vietnam War.  Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in four campaigns of the Vietnam War.

11.  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 3rd Battalion, 22d Infantry, 25th Infantry Division, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

12.  Department of the Army Pamphlet 672-3 also shows that the 3rd Battalion, 22d Infantry, 25th Infantry Division was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.  While the applicant was still assigned to the 3rd Battalion, 22d Infantry, 25th Infantry Division, the unit was cited for award of the Valorous Unit Award based on Department of the Army General Orders Number 42, dated 1969.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the dates of time lost during the current enlistment will be entered on the DD Form 214.  Lost time under Title 10 U.S.C., section 972 is not creditable service for pay, retirement, or veteran’s benefits; however, the Army preserves a record of time lost to explain which service between date of entry on active duty and separation date is creditable service for benefits.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

CONCLUSIONS:

1.  Orders show the applicant was awarded the Combat Infantryman Badge; therefore, his DD Form 214 will be corrected to show this badge.

2.  The evidence of record shows that the applicant was convicted by a special court-martial for being AWOL from 14 June 1968 to 23 June 1968.

3.  The Board notes that the portion of the applicant's sentence pertaining to 60 days of hard labor was set aside.  However, his charge of AWOL was not set aside.

4.  In accordance with Army Regulation 635-5, the applicant's inclusive dates of lost time due to AWOL are properly reflected in item 30 (Remarks) on his DD Form 214.  Therefore, there is no basis for expunging the applicant's record of lost time.

5.  The Board notes that the applicant is entitled to award of the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.

6.  In view of the foregoing findings 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 the applicant was awarded the Combat Infantryman Badge, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.

2.  That so much of the application as it relates to removal of lost time be denied.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003085200	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030715	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.