PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            15 March 2000
	DOCKET NUMBER:   AR1999030507

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Van B. Cunningham		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), the Army Good Conduct Medal (AGCM), and the National Defense Service Medal (NDSM).

3.  The applicant states that he should have been awarded the CIB because he was assigned to an infantry unit as an advisor and performed infantryman duties and was constantly engaged in ground combat with the enemy.  He further states that everyone in his unit received a CIB but that he hurriedly departed Vietnam for separation on the expiration of his term of service (ETS) and never received the CIB.  He also states that he is authorized the NDSM and should have received the AGCM.

4.  The applicant’s military records show that he enlisted in Dallas, Texas on 16 March 1961 for a period of 3 years.  He initially underwent training as a clerk but was subsequently sent to and completed training as a radio operator.  He also attended and completed Vietnamese language training and was transferred to Vietnam on 4 June 1963.  He was assigned to the Military Advisory Assistance Group (MAAG) for duty as a radio operator in advisory team #60 to the 9th Infantry Division of Army of the Republic of Vietnam (ARVN).  He was promoted to the pay grade of E-4 on 2 July 1962.

5.  He remained in Vietnam until 20 February 1964 when he was returned to Oakland, California and was honorably discharged on 24 February 1964 under the overseas returnee program.  He had served 2 years, 11 months, and 9 days of total active service.  His report of separation (DD Form 214) shows that he was awarded the Armed Forces Expeditionary Medal (AFEM), the Marksman Badge with M1 Rifle bar and the Sharpshooter Badge with carbine bar.

6.  A review of the applicant’s records revealed no derogatory information or any indication that he was not favorably considered for the AGCM.  Additionally, his records show that on 23 March 1964, he was awarded the Army Commendation Medal (ARCOM) for his service in Vietnam as an advisor to the 9th Infantry Division ARVN for outstanding service on combat operations and in the division command post during the period 1 June 1963 to 10 February 1964.

7.  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.

8.  However, Military Assistance Command – Vietnam (MACV) Directive 672-1 which supplemented United States Army Republic of Vietnam (USARV) Regulation 672-1 provided, in pertinent part, that the CIB was authorized for advisors serving as radio/telephone operators to infantry or infantry type units actively participating or engaged in infantry operations.

9.  Army Regulation 672-5-1 also prescribed Army policy, criteria, and administrative instructions concerning award of the AGCM.  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

10.  That regulation also provides that the NDSM is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.  It also states that the Republic of Vietnam Campaign Medal (RVNCM) is awarded for service in Vietnam for a duration of at least 60 days during the period 1 March 1961 to 28 March 1973.

11.  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.  

12.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that Department of the Army General Order (DAGO) 8, published in 1974, authorized the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm) for service in Vietnam during the period 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1.  Although the applicable regulation provides that the CIB is only awarded to personnel who possess an infantry military occupational specialty who are assigned to an infantry unit that engages in ground combat against an enemy; there were exceptions made through a published supplement which clearly indicates that radio operators who served as advisors in infantry or infantry type units were authorized an award of the CIB.

2.  Insomuch as the award of the ARCOM that is contained in his records shows that he served in combat operations as an advisor and radio operator, it would be in the interest of justice to award the applicant the CIB for his service in Vietnam on 19 February 1964.
3.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 16 March 1961 to 24 February 1964.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that  this error should be corrected and the applicant should receive the AGCM at this time.

5.  The Board also determined that the applicant is entitled to awards of the NDSM, the RVNCM, the RVNGC w/palm, and the RVNCM for his Vietnam service with the Military Advisory Assistance Command during the period of 4 June 1963 to 20 February 1964.  Although these awards were authorized subsequent to the applicant’s separation from active duty, the Board concluded, in the interest of equity, that the applicant’s record should be corrected to include these awards at this time.

6.  The Board further notes that the ARCOM was awarded to the applicant after his departure from Vietnam and separation from the service and that it would be in the interest of justice to correct his records at this time to reflect that award as well.

7.  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 CIB, the RVNCM, the NDSM, the RVNGC with palm for his service in Vietnam on 19 February 1964 and the AGCM for the period 16 March 1961 to 24 February 1964 while serving in the rank of SP4, and that his records be corrected accordingly.

2.  That his records be also corrected to show that he was awarded the ARCOM.

BOARD VOTE:  

___mkp _  ___rvo  __  ___vbc__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR1999030507	
SUFFIX		
RECON		
DATE BOARDED	2000/03/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  189 	110.0000/corr 214	
2.  66 	107.0020/arcom	
3.  157 	107.0111/cib	
4.  140 	107.0094/rvngcw/p	
5.  102 	107.0056/agcm	
6.  134 	107.0088/rvncm