PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:          11 April 2002
	DOCKET NUMBER:  AR2001063652

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Richard T. Dunbar		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 his DD Form 214 (Report of Transfer or Discharge) be corrected to show that he was awarded the Combat Infantryman Badge (CIB) and the Air Medal.

3.  The applicant states that his DD Form 214 does not reflect all of his awards.

4.  The applicant’s military records show that he entered the Regular Army on 10 February 1970 and was trained in military occupational specialty (MOS) 11B -infantryman.  He served in Vietnam for the period 15 July 1970 until 16 July 1971.  In Vietnam he was assigned first as a radio operator to the 1st Squadron, 11th Armored Cavalry Regiment and then as an infantryman to Company D, 2nd Battalion, 327th Infantry Brigade.  He was honorably separated from active duty and transferred to the United States Army Reserve on 10 December 1971, in the grade of E-4.  The records do not show any assignment involving aerial flight.

5.  Awards reflected on his DD Form 214 include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 device, the Army Commendation Medal, two overseas service bars, the Expert Badge with rifle bar and the Sharpshooter Badge with rifle bar.

6.  On 1 June 1970, Special Orders Number 152, Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, were issued awarding the applicant primary MOS 11B10.

7.  His DA Form 20, Enlisted Qualification Record, Item 41 (Awards and Decorations) does not reflect the CIB or Air Medal as an authorized award.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded to any person who, while serving in any capacity in or with the U.S. Army, will have distinguished himself or herself by meritorious achievement while participating in aerial flight.  Awards may be made to recognize single acts of merit or heroism, or for meritorious service as described below.

9.  The same regulation states that the CIB 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.  During the Vietnam conflict, award of the CIB was announced by the authorized approval authority in special or unit orders. 

10.  The same regulation provides that one bronze service star is authorized for the Vietnam Service Medal for each campaign when assigned or attached to and present for duty with a unit during the period in which it participated in combat, or was under order to such unit in a combat zone.

11.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, provides, in pertinent part that the 2nd Battalion, 327th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

CONCLUSIONS:

1.  Evidence in the form of orders, his DD Form 214, and entries in his records provide evidence that the applicant was assigned as an infantryman to an infantry unit engaged in combat in Vietnam.  He is therefore, authorized the award of the CIB and to have it reflected on his DD Form 214.

2.  There is no evidence, nor does the applicant provide any, which supports his request for award of the Air Medal.

3.  The governing regulation indicates that the applicant was assigned to a unit during the period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is therefore, entitled to have this award shown on his 
DD Form 214.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant was present for one campaign during his assignment in Vietnam, which is not correctly shown on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with one bronze service star. 

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 by showing that he was awarded the CIB, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star to his Vietnam Service Medal.

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

BOARD VOTE:  

__rtd __ __  ___mkp__  ___eja_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________Margaret K. Patterson
		        CHAIRPERSON

INDEX

CASE ID	AR2001063652	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20090411	
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.	107.00	
2.		
3.		
4.		
5.		
6.