PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:              3 May 2000                
	DOCKET NUMBER:     AR1999031909

	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.  

	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Ernest W. Lutz, Jr.		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 correction of his records to show award of the Combat Infantryman Badge and the Silver Star.

3.  The applicant states that he should have received the Combat Infantryman Badge because he was involved in combat situations in the military occupational specialty (MOS) of combat engineering.  He also states that he received 3 “bronze stars” and should be awarded the Silver Star.  In support of his application, he provides a copy of his DD Form 214 (Report of Transfer or Discharge) and a statement which is shown in item 17 (Remarks) of his application.

4.  The applicant’s military records show that he entered active duty on 20 February 1967.  He completed basic and advanced individual training and served in Germany as a loader operator.  He later served in Vietnam and was honorably discharged on 27 July 1971.  

5.  The applicant’s service personnel records contain two DD Forms 214.  These discharge documents do not show award of the Combat Infantryman Badge or the Silver Star as authorized awards.  His DD Form 214 with an effective date of 27 July 1971 shows award of the Vietnam Service Medal with three bronze service stars indicating participation in three campaigns during Vietnam service.  These service stars are different from awards of the Bronze Star Medal and do not entitle the applicant to award of the Silver Star.

6.  Records show he served in the military occupational specialty 62E (Crawler Tractor Operator) while assigned to the 864th Engineer Battalion in Vietnam.  There is no evidence that he served in an infantry position in an infantry unit in combat in Vietnam.

7.  There are no orders in the applicant’s service personnel records which show that he was awarded the Silver Star, and there is no evidence that he was recommended for award of the Silver Star.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for award of the Silver Star.  The applicant did not provide a copy of orders or an award certificate in support of his claim for this award. 

8.  A review of the applicant’s records determined that he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  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 of the 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 MOS 11B, 11C, 11F, 11G, or 11H.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This regulation authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  The regulation also authorizes award of one silver service star in lieu of five bronze service stars.

CONCLUSIONS:

1.  The applicant was not awarded an infantry military occupational specialty or served in an infantry unit or infantry position in combat during his assignment in Vietnam.  Therefore, the applicant is not eligible for award of the Combat Infantryman Badge.  

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Silver Star. Therefore, the applicant is not entitled to award of the Silver Star.

3.  The applicant was awarded the Vietnam Service Medal with three bronze service stars which does not entitle him to award of the Silver Star.  Therefore, the applicant is not entitled to award of the Silver Star or correction of his records to show this award.

4.  Records show the applicant was entitled to three bronze service stars to be worn on his Vietnam Service Medal; therefore, he is not entitled to wear a silver service star on his Vietnam Service Medal.

5.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 with an effective date of 27 July 1971 to show this award. 
6.  In view of the foregoing findings and conclusions, it would appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending the DD Form 214 with an effective date of 27 July 1971 of the individual concerned to show he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

RVO_____  JHK___  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999031909	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000503	
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.	107.0111	
2.	107.0007	
3.		
4.		
5.		
6.