PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           23 OCTOBER 2003                   
	DOCKET NUMBER:  AR2003088822

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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 records be corrected to reflect award of the Bronze Star Medal with "V" device and the Combat Infantryman Badge.  He states, in effect, that he operated on the front line with his company and platoon while in Vietnam and remembers seeing in his records that he had been awarded the Combat Infantryman Badge and a Bronze Star Medal with "V" device.  In support of his request he submits two photos he states were taken of him while on "search and clear and search and destroy" missions.

3.  His records indicate that he was awarded an Army Commendation Medal in October 1968 for meritorious achievement and a Bronze Star Medal for meritorious service in November 1968.  Both awards were reflected on his separation document.

4.  The applicant returned to the United States in February 1969 and completed his enlistment contract at Fort Bragg, North Carolina.  He was released from active duty, with an honorable characterization of service, on 16 July 1970.  There is no evidence he was awarded the Combat Infantryman Badge or a Bronze Star Medal with "V" device.

5.  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 recommendation, approval through the chain of command, and announcement in orders is required.  A review of historical files maintained at the National Archives in College Park, Maryland, confirmed award of the applicant's Bronze Star Medal for meritorious service but failed to confirm that the applicant had ever been awarded the Bronze Star Medal for heroism.

6.  Army Regulation 600-8-22 also provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry specialty.  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, 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 specialty 11B, 11C, 11F, 11G, or 11H.

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (2nd Battalion, 505th Infantry) was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and credited with participating in four designated campaigns 

(TET Counteroffensive, Vietnam Counteroffensive Phases IV, V, and VI) during the applicant’s period of assignment.  The unit award and his entitlement to four bronze service stars on his Vietnam Service Medal, were omitted from his separation document.

CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, which confirms he was ever recommended for, or awarded, a Bronze Star Medal with "V" device to recognize any act of heroism during his tour of duty while in Vietnam.  In the absence of such evidence, there is no basis to correct his records to reflect award of that decoration.

2.  The evidence does, however, confirm that the applicant performed duties as an ammunition bearer and as a gunner in specialty 11C with an infantry element while in Vietnam.  The Board is satisfied, based on his primary duties and his award of the Army Commendation Medal for meritorious achievement and Bronze Star Medal for meritorious service, that in all likelihood that he would have been engaged in active ground combat at some point during his 12 months of duty in Vietnam.  As such, in the interest of justice and equity, the Board concludes that it would be appropriate to award him the Combat Infantryman Badge.

3.  The Board also notes that the applicant qualified as a sharpshooter with the M-14 rifle and was awarded the associated badge and component bar.  His records should be corrected accordingly.

4.  The evidence also confirms that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and four bronze service stars on his Vietnam Service Medal.  His records should be corrected to reflect that information.

5.  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:

	a.  by awarding the individual concerned the Combat Infantryman Badge;

	b.  by showing that he qualified as a sharpshooter with the M-14 rifle and was awarded the associated badge and component bar; and

	c.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and four bronze service stars on his Vietnam Service Medal.

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

BOARD VOTE:  

__JHL __  __MKP __  __AAO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2003088822	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031023	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.