PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            21 December 1999                  
	DOCKET NUMBER:   AR1999032587

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller 		Member	
	Ms. Debra Williams 		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, correction of his military records to show award of the Silver Star, the Combat Infantryman Badge and the “Combat Air Assault Medal” (correctly known as the Air Medal).

3.  The applicant states, in effect, that he is entitled to the aforementioned awards.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge), orders for the Silver Star, an award certificate for the Silver Star and a copy of a Health Record.   

4.  The applicant’s military records show that he enlisted on 28 December 1965, served as an armor crewman and was honorably discharged on 3 January 1967. He reenlisted on 4 January 1967 for a period of 4 years.  He served in Vietnam from 14 March 1967 to 19 November 1967 and was honorably discharged on 
17 December 1970.     

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Silver Star, Combat Infantryman Badge or the Air Medal as authorized awards.

6.  Headquarters 1st Cavalry Division (Airmobile) General Orders Number 5418, dated 13 September 1967, shows the applicant was awarded the Silver Star for gallantry in action on 2 July 1967.  A DD Form 215 (Correction to DD Form 214) was issued on 6 November 1973 to reflect this award.  Therefore, this portion of the applicant’s request will not be discussed further in the proceeding. 

7.  The applicant’s personnel records show he was assigned to Company D,
1st Battalion, 8th Cavalry, 1st Cavalry Division from 22 March 1967 through
7 August 1967 in military occupational specialty (MOS) 11H as an ammunition bearer. 

8.  The citation for Silver Star describes the events on 2 July 1967 for which the applicant received this award.  In pertinent part, the citation states “while serving as a rifleman with Company D, 1st Battalion (Airborne), 8th Cavalry during a search and destroy mission” and “[applicant] began firing his weapon on the enemy positions.  Moving forward, he placed a heavy volume of suppressive fire on the enemy, although he was under intense hostile fire”.

9.  There are no flight hours recorded in the applicant’s personnel records.  There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal. 

10.  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.  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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  Evidence of record shows the applicant served in MOS 11H and was awarded the Silver Star for valorous actions as an infantryman on 2 July 1967 in Vietnam. Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his military records to show award of the Combat Infantryman Badge. 

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

3.  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.

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

BOARD VOTE:  

HOF____  MW_____  DW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Hubert O. Fry, Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR1999032587	
SUFFIX		
RECON		
DATE BOARDED	19991221	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19701217	
DISCHARGE AUTHORITY	AR 635-200   	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.	107.0111	
3.	107.0018	
4.		
5.		
6.