PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            12 August 2003                  
	DOCKET NUMBER:    AR2003088422

	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:

	Mr. Ted S. Kanamine 		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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 he be awarded the Combat Infantryman Badge (CIB). 

3.  The applicant states, in effect, that he served in the Republic of Vietnam (RVN) as an infantryman in the field  and was never awarded the CIB.  

4.  The applicant’s military records show that he entered the Army for three years on 25 July 1967.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapon Infantryman).  He continuously served on active duty for 3 years, 1 month, and 23 days until being honorably released from active duty (REFRAD) on 23 November 1970, by reason of expiration term of service.

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 7 June 1968 to 6 June 1969, and he was assigned to 
A Company, 2nd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade performing duties in MOS 11B as a Rifleman.

6.  The separation document (DD Form 214) issued to and authenticated by the applicant with his signature on the date of his separation confirms that he held the rank and pay grade of sergeant/E-5 (SGT4/E-5) and that he was serving in military occupational specialty (MOS) 11B (Light Weapons Infantryman) on the date of his REFRAD.  It also shows that he earned the following awards during his active duty tenure:  Bronze Star Medal with “V” Device; Bronze Star Medal with Oak Leaf Cluster; Air Medal; Army Commendation Medal; National Defense Service Medal; Vietnam Service Medal; and the RVN Campaign Medal with 
60 Device.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officer, warrant officer, and enlisted personnel who have infantry MOS.  In order to be eligible for the CIB an infantry soldier must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  In similar cases, the Awards Branch of the Total Army Personnel Command has advised that during the Vietnam era the CIB was awarded to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H, and who satisfied the combat and infantry unit service requirements outlined.  

8.  Paragraph 2-13 of the awards regulation contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this medal for each campaign a member participated in during his assignment tenure in the RVN.  Table B-1 lists all campaigns, service requirements, and inscriptions for streamers.  It confirms that based on his service dates in the RVN, the applicant is entitled to campaign participation credit for the following four campaigns:  Vietnam Counteroffensive Phase IV; 
Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; and TET 69 Counteroffensive, 1969.  

9.  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 assignment tenure, the applicant’s unit (A Company, 2nd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade) earned the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor First Class.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to the CIB and it finds this claim has merit.  By regulation, there are three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.  

2.  The evidence of record confirms that the applicant performed infantry duties 
in MOS 11B as a rifleman during his tenure of assignment in the RVN from 
7 June 1968 to 6 June 1969.  It also verifies that during this combat tour he was serving in a qualifying infantry unit and that he actively engaged in ground combat against the enemy with this unit.  Thus, the Board finds the regulatory burden of proof necessary to support award of the CIB has been met in this case, and it concludes that it would be appropriate to add the CIB to his record at this time. 

3.  During its review of this case, the Board discovered that based on his service and campaign participation in the RVN, the applicant is entitled to four bronze service stars with his Vietnam Service Medal, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  Thus, it also concludes it would be appropriate to add these awards to his record at this time. 

4.  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 awarding the individual concerned the Combat Infantryman Badge for his qualifying combat service in the RVN; by showing he is entitled to four bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the RVN Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that reflects these awards.

BOARD VOTE:  

__FCJ_  __WDP__  __TSK__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ted S. Kanamine
		 CHAIRPERSON

INDEX

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