PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            5 April 2000
	DOCKET NUMBER:   AR1999033653

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Lester Echols		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 records to show all the awards to which he is entitled based on his service in Vietnam.  The applicant submitted five DD Forms 149 (Application for Correction of Military Record).  

3.  In the first DD Form 149 (dated 27 July 1999), he requests the second, third and fourth award of the Combat Infantryman Badge.  In support of this request, he submitted his own statement in which he contends that he was “unfairly overlooked” for additional awards of the Combat Infantryman Badge.  He states that he was in every engagement involving his company between 5 May 1967 and 2 May 1968 and is, therefore, entitled to additional awards of the Combat Infantryman Badge.

4.  In his second application (dated 31 July 1999), he requests award of the Army Commendation Medal.  In support of this request, he submitted his own statement in which he contends that he was told by the chain of command that he would receive the Army Commendation Medal if his record of achievement continued at his next assignment in Vietnam.  The applicant contends that he was wounded and evacuated before this award was made.  The applicant believes that his award was also overlooked.

5.  The applicant’s third application (dated 23 August 1999) requests award of the Good Conduct Medal.  He contends that his conduct was exemplary and he had no record of disciplinary action.

6.  The applicant’s fourth application (dated 15 November 1999) requests award of the Bronze Star Medal.  He contends he was personally told that he would not receive this award because he was “drafted and did not need the award”.

7.  His fifth and final application (dated 14 December 1999) requests award of the Air Medal.  He contends that he participated in at least 25 combat air assaults in Vietnam, but did not receive the Air Medal.

8.  The applicant states, in effect, that he is entitled to all the aforementioned awards which are not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He essentially contends that he did not receive these awards because he was wounded and evacuated from Vietnam and that, subsequent to his evacuation, his awards were overlooked.

9.  The applicant’s military records show that he was inducted on 15 February 1967.  He served in Vietnam from 20 October 1967 to 12 May 1968.  The applicant was honorably discharged on 14 February 1969.

10.  The applicant’s DD Form 214 with an effective date of 14 February 1969 shows the Combat Infantryman Badge as an authorized award.  However, his DD Form 214 does not show additional awards of the Combat Infantryman Badge, the Army Commendation Medal, the Good Conduct Medal, the Bronze Star Medal or the Air Medal as authorized awards.

11.  There are no orders or other evidence which shows that the applicant received or was otherwise entitled to a second, third or fourth award of the Combat Infantryman Badge.  There are no additional awards of the Combat Infantryman Badge shown in item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record).  His service personnel records show that his only period of service in combat was in Vietnam.

12.  There are no orders in the applicant’s service personnel records which show that he was awarded the Army Commendation Medal.  His DA Form 20 does not show an entry for the Army Commendation Medal in item 41.  There also is no indication in his records that he was recommended for award of the Army Commendation Medal.  

13.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

14.  There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal.  His DA Form 20 does not show an entry for the Bronze Star Medal in item 41.  There also is no indication in his records that he was recommended for award of the Bronze Star Medal.  

15.  There are no orders in the applicant’s service personnel records which show that he was awarded the Air Medal.  His DA Form 20 does not show an entry for the Air Medal in item 41.  There also are no flight records in his service personnel records which show that he flew the required missions and/or hours necessary to be eligible for award of the Air Medal.  There also is no indication in his records that he was recommended for award of the Air Medal.  

16.  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 Valorous Unit Award for actions on 31 January 1968 by Department of the Army General Orders Number 5, dated 1969.  While the applicant was still assigned to the 2d Battalion 47th Infantry, the unit was cited for a second award of the Valorous Unit Award by Department of the Army General Orders Number 43, dated 1970, for actions during the period 6 to 12 May 1968.  The second and succeeding awards of the Valorous Unit Award are denoted by award of a bronze oak leaf cluster to be worn on the Valorous Unit Award.

17.  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 31, dated 1969.

18.  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 Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

19.  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 regulation also states:  “To date, a separate award of the CIB has been authorized for qualified soldiers in any of three conflicts:  World War II (7 December 1941 to 3 September 1945), the Korean Conflict (27 June 1950 to 27 July 1953), and the Vietnam Conflict.  Service in the Republic of Vietnam conflict (after 1 March 1961) combined with qualifying service in Laos (19 April 1961 to 6 October 1962), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the DMZ (after 4 January 1969), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January to 11 April 1991) is recognized by one award only regardless of whether a soldier had served one or multiple tours in any or all or these areas.”

20.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

21.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

22.  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. 
23.  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.

24.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  There was no provision for making the award simply because an aircraft was struck by enemy fire.

CONCLUSIONS:

1.  Regulation governing award of the Combat Infantryman Badge provides that only one award of the Combat Infantryman Badge is authorized to be awarded to qualifying soldiers for service in designated conflicts beginning with Vietnam (after 1 March 1961) through the end of the Persian Gulf War (11 April 1991).  Therefore, the applicant is only entitled to one award of the Combat Infantryman Badge for his service in Vietnam. 

2.  There is no evidence of record, and the applicant has provided no evidence such as statements from his former chain of command, which show that he was recommended for or awarded the Army Commendation Medal, Bronze Star Medal or the Air Medal.  The Board noted the applicant’s contentions that he was overlooked for these awards because he was wounded and evacuated; however, these contentions alone are not sufficient as a basis for award of the Army Commendation Medal, the Bronze Star Medal or the Air Medal.  Therefore, the applicant is not entitled to award of these decorations.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 15 February 1967 through 14 February 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.
4.  The applicant is entitled to two awards of the Valorous Unit Award (correctly known as the Valorous Unit Award (First Oak Leaf Cluster)), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

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 the individual concerned was awarded the Good Conduct Medal for the period 15 February 1967 through 14 February 1969, the Valorous Unit Award (First Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

__RVO__  ___SK___  ___LE___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor,Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999033653	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000405	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690214	
DISCHARGE AUTHORITY	AR 635-200. . . . .  	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.