PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 March 2000                   
	DOCKET NUMBER:   AR1999030120

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		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 he be awarded the Combat Infantryman Badge (CIB) and that his DD Form 214 be corrected to add the expert badges M-16 and M-14 rifles and to show he qualified with the .45 caliber pistol and .45 caliber machine gun.

3.  The applicant states that he became infantry when he arrived in Vietnam but the company clerk did not annotate the change in his military occupational specialty (MOS).  He qualified expert with the M-16 and M-14 rifles in basic training and barely qualified with the .45 caliber pistol and .45 caliber machine gun at advanced individual training (AIT).  He carried an M-16, slept on the ground and exchanged hostile fire with the rest of the infantry.  He reverted back to a tanker after recovering from his wounds.

4.  The applicant’s military records show that he enlisted on 9 May 1968.  He completed basic combat training and AIT and was awarded MOS 11E (Armor Crewman).  His DA Form 20, Personnel Qualification Record and orders in his records show he qualified as a sharpshooter with the M-14 rifle on 27 June 1968. His DA Form 20 shows he familiarized with the M3A1 submachine gun, M-73 machine gun and M-85 machinegun but not that he qualified with those weapons.

5.  The applicant was discharged on 8 January 1969 for the purpose of immediately reenlisting on 9 January 1969.  His DD Form 214, item 24 lists the National Defense Service Medal and the Expert Badge with Rifle Bar.

6.  On 13 April 1969, the applicant arrived in Vietnam and was assigned to the  1st Battalion, 16th Infantry, 1st Infantry Division where he served as an assistant driver/gunner and ammunition bearer.  He was wounded and departed Vietnam in a patient status on 18 May 1969.

7.  On 25 April 1972, the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 10 with a discharge under other than honorable conditions.  In 1974, he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  In his application he noted “…contact with violent death while serving as an infantryman.”  A hearing was held in June 1978.  The summary of the applicant’s statement noted “…to go to RVN and ended up in (an) Armored personnel carrier and in combat.”  The ADRB upgraded his discharge in August 1978.

8.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  In pertinent part it states that the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership have taken care to retain the badge for the unique purpose for which it was established.  There are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  

9.  Army Pamphlet 672-3 shows the 1st Battalion, 16th Infantry was awarded the Republic of Vietnam Cross of Gallantry with Palm for the period April – October 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period October 1965 – 7 June 1970.

CONCLUSIONS:

1.  The evidence of record shows that the applicant did not meet all the criteria required to be eligible for award of the CIB.  While he was assigned to an infantry unit when that unit was engaged in combat, he was not an infantryman.  He was armor.  He provides no evidence to show that it was an oversight on the company clerk’s part that his MOS was not changed and he may be confusing a change in duty MOS with a reclassification action wherein his primary MOS would be changed.  The Board understands he probably did carry an M-16 and sleep on the ground and exchange hostile fire and serve his country well under fire, but so did many other non-infantrymen, such as unit radio operators. 

2.  There is no evidence of record to show the applicant was awarded a marksmanship badge other than the sharpshooter badge, rifle M-14 except for the entry on his first DD Form 214.  As a matter of equity, it would be appropriate to add this entry to his last DD Form 214.  However, as it cannot be determined if it was given for the M-14 or the M-16, the entry should be added exactly as shown on the first DD Form 214.

3.  The evidence of record also shows that the applicant is entitled to wear the Republic of Vietnam Cross of Gallantry with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by adding the Expert Badge with Rifle Bar, Republic of Vietnam Cross of Gallantry with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class to the applicant’s DD Form 214 for the period ending 25 April 1972.

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

BOARD VOTE:  

__jma___  __tsk___  __aao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			James M. Alward
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030120	
SUFFIX		
RECON		
DATE BOARDED	20000322	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.