PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:          30 October 2003     
	DOCKET NUMBER:  AR2003088245

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Larry C. Bergquist		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 military records to show award of the Combat Infantryman Badge, the Bronze Star Medal with "V" Device and any awards and decorations to which he may be entitled.  He also requests, in effect, that item 22c (Foreign and/or Sea Service) on his DD Form 214 (Report of Transfer of Discharge) be corrected to show his service in Vietnam.

3.  The applicant states that his records should be reviewed for additional awards not shown on his DD Form 214.  He also contends that his foreign service is not reflected in item 22c on his DD Form 214.  In support of his application, he submits a copy of his DD Form 214.  

4.  The applicant’s military records show that he enlisted on 30 April 1970 for a period of 2 years.  He served in military occupational specialty (MOS) 71F (mail clerk) assigned to Headquarters and Headquarters Company, 1st Battalion and 2nd Battalion, 7th Cavalry of the 1st Cavalry Division in Vietnam from 
18 December 1970 through 11 December 1971.  On 11 December 1971, the applicant was released from active duty.

5.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Vietnam Campaign Medal as authorized awards.

6.  Item 22c on the applicant's DD Form 214 shows the entry, "USARPAC" and does not show that he served any foreign service.  Item 30 (Remarks) on his DD Form 214 shows that he served in Vietnam from 18 December 1970 to 
11 December 1971, a total of 11 months and 25 days.    

7.  There are no orders for the Combat Infantryman Badge in the applicant's service personnel records.    

8.  There are no orders for the Bronze Star Medal with "V" Device in the applicant's service personnel records.  There is no evidence that the applicant was recommended for or awarded the Bronze Star Medal with "V" Device.

9.  1st Cavalry Division, Airmobile, General Orders Number 4176, dated             28 February 1971, show the applicant received the Army Commendation Medal for meritorious achievement for the period 26 January 1971 through 26 March 1971.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit (2nd Battalion, 
7th Cavalry) is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 
42, dated 1972.

11.  Army Regulation 600-8-22 (Military Awards) 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 of the U.S. Army Human Resources Command (formerly known as the 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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

CONCLUSIONS:

1.  The Board considered the applicant's contention that he is entitled to award of the Combat Infantryman Badge.  However, evidence of record shows the applicant served as a mail clerk during his assignment in Vietnam.  There is no evidence of record which shows the applicant served in an infantry MOS or served in active ground combat while an assigned member of an infantry company in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  The Board considered the applicant's contention that he is entitled to award of the Bronze Star Medal with "V" Device.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal with "V" Device.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal with "V" Device in this case.

3.  The applicant received the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this medal. 

4.  The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit citation.

5.  Review of the applicant's records and Army Regulation 600-8-22 does not reveal entitlement to any additional awards.

6.  The applicant served 11 months and 25 days in Vietnam.  Therefore, item 22c should be corrected to show this foreign service.

7.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  That item 22c on the applicant's DD Form 214 be corrected to show he served 11 months and 25 days of foreign service.

3.  That so much of the application as pertains to award of the Combat Infantryman Badge and the Bronze Star Medal with "V" Device be denied.

BOARD VOTE:  

CLG___  EWL____  LCB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Curtis L. Greenway______
		        CHAIRPERSON

INDEX

CASE ID	AR2003088245	
SUFFIX		
RECON		
DATE BOARDED	20031030	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0000	
3.	100.0000	
4.		
5.		
6.