PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           11 September 2003
	DOCKET NUMBER:  AR2003088806

	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. Stanley Kelley		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. John T. Meixell		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 award of the Combat Infantryman Badge (CIB) be added to his report of separation (DD Form 214).

3.  The applicant states that he separated from the service from Vietnam on a hardship discharge due to his mother's illness and that during the speeding up of the separation process, his CIB was not added to his DD Form 214.

4.  The applicant’s military records show that he was inducted in New Haven, Connecticut, on 9 December 1968 and was transferred to Fort Gordon, Georgia, to undergo his training.

5.  On 18 March 1969, while attending his advanced individual training at Fort Gordon, the applicant submitted a request for a hardship discharge.  His request was disapproved on 22 April 1969 and he was transferred to Vietnam on 12 June 1969.  He was assigned to Company C, 1st Battalion, 22nd Infantry Regiment for duty as a light weapons infantryman.

6.  Although not fully explained in the records, it appears that the applicant received a compassionate reassignment to Fort Devens, Massachusetts, on 27 November 1969.

7.  He remained at Fort Devens until he was honorably released from active duty (REFRAD) on 18 December 1970, due to the expiration of his term of service.  He had served 1 year, 11 months and 28 days of total active service and had 12 days of lost time due to being absent without leave (AWOL).

8.  At the time of his REFRAD his DD Form 214 was prepared to reflect that he was awarded the Vietnam Service Medal (VSM), the National Defense Service Medal, one overseas service bar and the Marksman Marksmanship Badge with M-16 Rifle Bar.  A review of his records fails to show that he was ever awarded the CIB or that orders were ever published awarding him the CIB. 

9.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

10.  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.  

11.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant's unit in Vietnam was subsequently 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 service in Vietnam during the period he was assigned.  Additionally, he participated in two campaigns while assigned to Vietnam and is entitled to be awarded two bronze service stars on his already awarded VSM.

CONCLUSIONS:

1.  The applicant has not provided and his records do not contain evidence that orders were ever published awarding him the CIB.  Additionally, his records show no indication that he was awarded or entitled to an award of the CIB.

2.  Although his records show that he was an infantryman assigned to an infantry unit, that in itself is not sufficient to presume that he engaged in ground combat with the enemy.  Therefore, lacking evidence to show otherwise, there is no basis to award him the CIB.

3.  However, the evidence of record does show that subsequent to the applicant's discharge, his unit was awarded the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation for the period he served with the unit.  Additionally, he is entitled to be awarded to two bronze service stars for wear on his already awarded VSM,  Accordingly, it would be in the interest of justice to award him those awards at this time.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and two bronze service stars for wear on his already awarded VSM.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___jm___  ___sk___  __cjp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Stanley Kelley_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003088806	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/09/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111/CIB	
2.  140	107.0094/RVNGC	
3.  141	107.0095/RVNCAHM	
4.		
5.		
6.