PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 April 2000
	DOCKET NUMBER:   AR1999034205

	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.  Joseph A. Adriance 		Analyst	

The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Van B. Cunningham		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, that he be awarded the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that he should be eligible for the CIB based on his being directly involved in front line combat with the 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division, in Pleiku, Vietnam.  

4.  The applicant’s military records show that he was inducted into the Army of the United States on 9 December 1965.  He successfully completed basic training at Fort Leonard Wood, Missouri and was assigned to Fort Lewis, Washington, to perform duties in military occupational specialty (MOS) 05B (Radio Operator). 

5.  He was assigned to combat duty in Vietnam and arrived there for duty as a Radio Operator with B Troop, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division, in July 1966.  On 4 October 1966, the applicant was wounded in action, for which he was ultimately awarded the Purple Heart (PH) in 1988.  However, his report of separation (DD Form 214) was never corrected to include the award. 

6.  The applicant was a patient at the Medical Holding Detachment at Camp Zama, Japan, from December 1966 to February 1967, at which time he was returned to his unit in Vietnam.  This time the applicant was assigned duties in MOS 11D (Scout Observer), which he performed until his departure from Vietnam in July 1967.  Upon completing his tour in Vietnam, he returned to Fort Benning, Georgia, where he served until his release from active duty (REFRAD).

7.  The evidence or record includes a properly constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  This document shows that on 8 December 1967, the applicant was honorably REFRAD, in the rank of specialist/E-4, after having completed 2 years of active military service.  

8.  Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows that the applicant earned the following awards during his tenure in service: Pistol Marksman Badge; National Defense Service Medal; Vietnam Service Medal with/2 bronze service stars; Republic of Vietnam Campaign Medal with/device 1960; 1 Overseas Bar; Machine Gun Expert Badge; Rifle Expert Badge; and the 1st Class Gunner Badge.  

9.  The record contains a Department of the Army Form 1577 (Authorization for Issuance of Awards), dated 3 March 1988, which was issued by the Military Awards Branch of the Army Personnel Command (PERSCOM).  This form authorized the applicant the award of the PH for the wounds he received in action on 4 October 1966.  On 4 March 1988, a PH Certificate was published which codified this award. 

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 8-6c contains the specific eligibility requirements for award of the CIB.  It states, in pertinent part, that a soldier must be an Army infantry or special forces officer (SSI 11 or 18) in the grade of colonel or below, or an Army enlisted soldier or warrant officer with an infantry or special forces MOS, who subsequent to 
6 December 1941 has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

11.  United States Army Vietnam (USARV) regulation 672-1, Appendix V, contained guidance on the CIB.  Paragraph 2b of this guidance stated, in pertinent part, that personnel possessing an infantry MOS in a Cavalry Platoon of an Armored Cavalry Troop would be eligible for award of the CIB.  In addition, paragraph 3b of this guidance contains a list of positions which were considered infantry positions for the purpose of the award of the CIB.  This list includes Radio/Telephone Operator, if primary duty was to accompany infantry or infantry type units in tactical operations.  

12.  Paragraph 9-27 of the awards regulation contains guidance in regard to the 
Republic of Vietnam Gallantry Cross (RVNGC).  It indicates that is a unit citation which was awarded by the Vietnamese government for valorous combat achievement.  It also states that when awarded with a palm this signifies that the unit was cited before the Armed Forces.  Paragraph 9-28 provides information pertaining to the Republic of Vietnam Civil Actions Medal (RVNCAM).  The RVNCAM was awarded by the Vietnamese government for meritorious service

13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit awards and citations earned during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) lists units who served in Vietnam and unit citation badges awarded them during the Vietnam Conflict.  The table shows that the applicant’s unit earned the following awards during his tenure with them:  the RVNCAM, for the period 
1 October 1966 to 31 October 1969, which was authorized in Department of the Army General Order (DAGO) 53, issued in 1970; and the RVNGC with/palm, for the period 1 October 1966 to 28 July 1969, which was authorized in DAGO 3, which was also issued in 1970.

CONCLUSIONS:

1.  After carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board concluded that the applicant did qualify for the award of the CIB, based on his infantry related service with Troop B, 1st Squadron, 10th Calvary Regiment in Vietnam.  It is clear that the applicant’s duties, as both a Radio Operator and as a Scout Observer, met the criteria established for award of the CIB during the Vietnam conflict.  Therefore, in the interest of justice, his records should be corrected to include the award of the CIB at this time.

2.  Department of the Army Pamphlet 672-3 shows that the applicant was assigned to the 10th Calvary Regiment during the period of time for which the unit was awarded the RVNGC with/palm and the RVNCAM.  Although the applicant did not make this request, the Board concluded he is entitled to the awards based on his service with this unit.  Further the Board found, even though DAGO 53 and DAGO 3, which authorized these awards, were issued subsequent to the applicant’s REFRAD, it would be appropriate to add them to his records at this time.  

3.  The evidence of record shows that the applicant was awarded the PH, in 1988, for a wound he received in action on 4 October 1966.  The Board determined that it would be appropriate to include the PH in the applicant’s record of service and to add it to his DD Form 214 at this time. 

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

	a.  by awarding the individual concerned the CIB for exemplary conduct in action against an armed enemy on 4 October 1966:

b.  by showing that the individual concerned was awarded the PH for a wound received in action in Vietnam on 4 October 1966; and 

c.  by awarding the individual concerned the RVNGC with/palm and the RVNCAM for his service with the 10th Calvary Regiment in Vietnam between  
21 July 1966 and 14 July 1967.

BOARD VOTE:  

___eja __  ___vbc__  __jph____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____James P. Huber_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999034205	
SUFFIX		
RECON		
DATE BOARDED	2000/04/19	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1967/12/08	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1. 46	107.0000	
2. 157	107.0111	
3. 140	107.0094	
4. 141	107.0095	
5.		
6.