PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                30 June 1999              
	DOCKET NUMBER:       AR1999015337

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John P. Infante		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 correction of his records to show award of the Combat Infantryman Badge, the second award of the Army Commendation Medal, and correction of his service number.

3.  The applicant states, in effect, that his records show clerical and errors of omission.  He states that he was fired at in combat and he also shot at others. He further states that this award is only significant to his children and himself.

4.  The applicant’s military records show that he entered active duty on 26 August 1968 and completed training as a military intelligence coordinator.  He served in Vietnam from 15 February 1969 to 14 February 1970 and was honorably discharged from active duty on 25 August 1971.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Combat Infantryman Badge as an authorized award.  His DD Form 214 shows only one award of the Army Commendation Medal. 

6.  The Board notes that the applicant is entitled to award of the Vietnam Service Medal with four bronze service stars, the Vietnam Cross of Gallantry with Palm Unit Citation and the Good Conduct Medal which are not shown on his DD Form 214.

7.  The applicant’s record shows his military occupational specialty was 97D20 (Military Intelligence Coordinator) while assigned in Vietnam.  There is no evidence that he served in an infantry position in an infantry unit in combat in Vietnam.

8.  The applicant’s records contain an award certificate for award of the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service during the period 21 March 1970 to 30 June 1971.

9.  The applicant’s DD Form 214 shows his service number as “RA68050904”.
However, his DD Form 4 (Enlistment Contract) shows his service number as “RA68050839”.  There are several documents in the applicant’s records which also show his service number as “RA68050839”.

10.  A DA Form 1577 (Authorization for Issuance of Awards), dated 20 August 1986, in the applicant’s records shows that he was awarded the Vietnam Service Medal with four bronze service stars, the Vietnam Cross of Gallantry with Palm Unit Citation and the Good Conduct Medal.

11.  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 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.

12.  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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of decorations.

CONCLUSIONS:

1.  There is no evidence the applicant possessed an infantry MOS or served in an infantry unit in combat in Vietnam.  Therefore, he is not entitled to award of the Combat Infantryman Badge.

2.  The applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service; therefore, he is entitled to correction of his records to show this award.

3.  Evidence of record shows the applicant’s service number as “RA68050839”; therefore, he is entitled to correction of his records to show this number.

4.  The applicant was awarded the Vietnam Service Medal with four bronze service stars, the Vietnam Cross of Gallantry with Palm Unit Citation and the Good Conduct Medal; therefore, he is entitled to correction of his records to show these awards.

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

RECOMMENDATION:

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

	a.  by showing the individual concerned was awarded the Army Commendation Medal (First Oak Leaf Cluster), 

	b.  by showing the service number of the individual concerned is “RA68050839”; and

	c.  by showing the individual concerned was awarded the Vietnam Service Medal with four bronze service stars, the Vietnam Cross of Gallantry with Palm Unit Citation and the Good Conduct Medal.

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

BOARD VOTE:  

GDP____  AAO____  JPI______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		CHAIRPERSON

INDEX

CASE ID	AR1999015337	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990630	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.	100	
3.		
4.		
5.		
6.