PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 July 2000                  
	DOCKET NUMBER:   AR1999033319

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Ms. Margaret V. Thompson 		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 DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, the Air Medal and the Silver Star.  He also requests that his rank indicate E-4 instead of E-2. 

3.  The applicant states, in effect, that he was the battalion pathfinder in over
100 combat missions in Vietnam and believes that he earned the Combat Infantryman Badge, the Air Medal and the Silver Star.  He also contends that he did the job of at least an E-4.  In support of his application, he submits a statement of explanation wherein he describes a combat experience and contends that during the battle the highest rank on the field (an E-8) hid in his foxhole while the applicant did the E-8’s job and served as the radio operator.  He goes on to state that he called the E-8 a “coward” while dragging him across the field to retreat.  The applicant also contends that the E-8 wrote everyone up for an award of the Silver Star except him.  The applicant also submitted a VA Rating Decision, dated 2 October 1997; his DD Form 214; pages 2 and 3 from an unknown document; and an additional personal statement in support of his request for award of the Silver Star for his actions on 16 May 1970 in Cambodia. 
          
4.  The applicant’s military records show that he enlisted on 1 July 1969 for a period of 2 years.  He served as a light weapons infantryman in Vietnam from 
27 November 1969 through 16 October 1970 and was honorably discharged on
6 January 1971 by reason of physical disability. 

5.  The applicant’s DD Form 214 does not show the Combat Infantryman Badge, the Air Medal or the Silver Star as authorized awards.  Item 5b (Pay Grade) of the DD Form 214 shows “E-2”.

6.  The applicant’s records show he was assigned to Company C, 3rd Battalion, 8th Infantry, 4th Infantry Division in military occupational specialty (MOS) 11B (light weapons infantryman) during his assignment in Vietnam.  

7.  4th Infantry Division General Orders Number 4976, dated 9 October 1970, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight from 6 January 1970 to 20 August 1970.  

8.  There are no orders in the applicant’s personnel records which show he was awarded the Silver Star.  Item 41 (Awards and Decorations) on his DA Form 
20 (Enlisted Qualification Record) does not show entitlement to the Silver Star.

9.  The applicant’s personnel records show he was reduced to pay grade E-2 by reason of misconduct (special court-martial) on 28 May 1970.  There is no evidence in the applicant’s records which shows that he was promoted following his special court-martial on 28 May 1970.  His separation orders, dated
31 December 1970, show his rank as “E-2”.  
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 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.

CONCLUSIONS:

1.  The applicant served in an infantry MOS in an infantry company in combat in Vietnam.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this award.

2.  The applicant was awarded the Air Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The applicant’s contention that he earned the Silver Star was noted by the Board.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Silver Star.  Therefore, he is not entitled to correction of his military records to show this award.  

4.  The Board also noted the applicant’s contention that he did the job of at least an E-4.  However, the evidence of record shows the applicant was reduced to pay grade E-2 on 28 May 1970 as a result of misconduct and there is no evidence he was promoted prior to his discharge on 6 January 1971.  Therefore, the applicant’s rank is accurately reflected on his DD Form 214.  

5.  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 and the Air Medal.

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

BOARD VOTE:  

GDP____  EB_____  MVT_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		        CHAIRPERSON

INDEX

CASE ID	AR1999033319	
SUFFIX		
RECON		
DATE BOARDED	20000718	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710106	
DISCHARGE AUTHORITY	AR 635-40  	
DISCHARGE REASON	Physical Disability	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0018	
3.	102.0200	
4.		
5.		
6.