PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            3 May 2000                  
	DOCKET NUMBER:   AR1999032005

	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. Wanda L. Waller		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, in effect, award of the Combat Infantryman Badge (CIB), the Vietnam Service Medal (VSM), and the Bronze Star Medal (BSM). 

3.  The applicant states, in effect, that in addition to the National Defense Service Medal he is entitled to the CIB, VSM and BSM.  He contends that he was in “Operation Xray” with the 1st Cavalry Division in Vietnam.  In support of his application, he submits a 24 September 1997 letter from the U.S. Army & Joint Services Environmental Support Group and a copy of Combat Operations After Action Report dated 4 March 1966. 

4.  The applicant’s military records show that he was inducted on 27 November 1963.  He served as a light weapons infantryman in Vietnam from 16 August 1965 through 28 November 1965 and was honorably discharged on 
30 November 1965. 

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the CIB or BSM as authorized awards.  

6.  The applicant’s DD Form 214 does show the VSM as an authorized award.  Therefore, this portion of the applicant’s request for award of the VSM will not be discussed further in the proceedings. 

7.  The applicant’s personnel records show that he was awarded military occupation specialty (MOS) 111.00 (infantryman) on 8 March 1965.  His records show that he was assigned to Company A, 1st Battalion, 7th Cavalry, 1st Cavalry Division in an infantry MOS during his assignment in Vietnam.             

8.  There is no evidence in the applicant’s personnel records that he was recommended for or awarded the Bronze Star Medal.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 23 October to 26 November 1965.  This award is not shown on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.   This award is not shown on his DD Form 214.

11.  DA Form 1577, dated 28 June 1999, shows the National Personnel Records Center in St. Louis, Missouri, determined that the applicant was entitled to the National Defense Service Medal.  This award is not shown on his discharge document.

12.  Army Regulation 600-8-22 (Military Awards) 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. 

13.  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 recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

CONCLUSIONS:

1.  Evidence of record shows the applicant served in an infantry MOS in an infantry company in combat in Vietnam.  Therefore, he is entitled to award of the CIB and correction of his DD Form 214 to show this award.

2.  Although the applicant contends that he is entitled to award of the BSM, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the BSM.  Therefore, he is not entitled to award of the BSM.

3.  The applicant’s unit was cited for the Presidential Unit Citation while he was assigned to it; therefore, he is entitled to correction of his military records to show this award.  

4.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his military records to show this award.

5.  The applicant was awarded the National Defense Service Medal; therefore, he is entitled to correction of his military records to show this award.

6.  In view of the foregoing findings and conclusions, it would be 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 showing that the individual concerned was awarded the Combat Infantryman Badge, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the National Defense Service Medal.

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	AR1999032005	
SUFFIX		
RECON		
DATE BOARDED	20000503	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19651130	
DISCHARGE AUTHORITY	AR 635-200    	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0073	
3.	107.0014	
4.		
5.		
6.