PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 September 2001                   
	DOCKET NUMBER:   AR2001058735

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Donald P. Hupman, Jr.		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 that the Bronze Star Medal (BSM), the Army Commendation Medal (ARCOM), and the Combat Infantryman Badge (CIB) be added to his Report of Transfer or Discharge, DD Form 214.

3.  The applicant states that he is sending copies of his BSM and ARCOM certificates but he cannot locate the CIB orders.

4.  The applicant’s military records show that he enlisted in the Regular Army on 30 November 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 68D (Powertrain Repairman).

5.  The applicant arrived in Vietnam on or about 1 October 1968.  His Enlisted Qualification Record, DA Form 20, shows that he was assigned to Company A, 159th ASHR (acronym unknown); however, his assignment orders and ARCOM orders show he was assigned to the 527th Transportation Detachment, 101st Airborne Division.  His DA Form 20 shows his duty MOS as 68D.

6.  The applicant was awarded the ARCOM on General Orders 3208, Headquarters, 101st Airborne Division dated 11 April 1969 for the period               1 October 1968 – 28 February 1969.  He has provided the ARCOM certificate and citation.  He provides a BSM certificate but no citation for the period              1 October 1968 – 31 May 1969.  No orders are available.  

7.  The applicant received reassignment orders to Fort Benning, GA with a report date of 20 June 1969.  His Military Personnel Records Jacket, DA Form 201, contains documents that show he extended in Vietnam until he qualified for an early separation as an overseas returnee.  He was released from active duty on 8 September 1969 from the U. S. Army Personnel Center, Oakland, CA in pay grade E-5 after completing 2 years, 9 months, and 9 days of creditable active service with no time lost.  His DA Form 20 shows his conduct and efficiency had been rated as excellent while in Vietnam.  No other ratings are available.  There is no evidence of record to show he ever received any disciplinary actions.

8.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  It provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  It provides that announcement in orders is required for all personal decorations.  It also provides that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

9.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

10.  Department of the Army Pamphlet 672-3 shows that the 527th Transportation Detachment was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 20 October 1968 – 14 May 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 20 October 1968 – 2 May 1970.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the ARCOM; therefore, this award should be listed on his DD Form 214.

2.  Although the applicant provides a certificate to show he was awarded the BSM, no BSM orders are available.  The Board notes that the period of service for the BSM overlaps the period of service for which he was awarded the ARCOM for all but three months.  Unless orders become available, the Board concludes that granting the relief requested with regard to the BSM is not appropriate.

3.  The Board appreciates the applicant’s service in Vietnam but he did not meet the eligibility criteria for award of the CIB.  He was not an infantryman, the evidence of record shows he did not perform duties as an infantryman, and he was not assigned to an infantry unit.

4.  The Board concludes that the applicant met the eligibility criteria for award of the Army Good Conduct Medal.  Although his conduct and efficiency ratings for all his assignments are not available, he had no record of disciplinary actions and he was promoted to E-5 with no record of reductions prior to his separation.

5.  The applicant was also assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class.  He is entitled to these awards, also.

6.  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 by awarding the applicant the Army Good Conduct Medal for the period 30 November 1966 – 8 September 1969.

2.  That the applicant’s DD Form 214 be amended to add the Army Commendation Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal, First Class.

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

BOARD VOTE:  

__cla___  __clg___  __dph___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Celia L. Adolphi
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001058735	
SUFFIX		
RECON		
DATE BOARDED	20010911	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.		
3.		
4.		
5.		
6.