PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            14 March 2002
	DOCKET NUMBER:   AR2001064769

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Roger W. Able		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 reflect award of the Combat Infantryman Badge, the Bronze Star Medal, and the Air Medal.

3.  The applicant states that he was an infantryman assigned to an infantry unit in ground combat and earned award of the Combat Infantryman Badge.  He further states that he received the Bronze Star Medal for meritorious service.  In regard to award of the Air Medal, the applicant contends that his unit made an air assault in the Ashau Valley in August 1968 and he was told that the “first two waves would receive Air Medals.”

4.  The applicant’s military records show that he was inducted on 26 July 1967 and completed training as a light weapons infantryman in military occupational specialty (MOS) 11B.  He served in Vietnam from 2 June 1968 through 13 May 1969.  The applicant was honorably separated from active duty on 17 May 1969.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Combat Infantryman Badge, the Bronze Star Medal or the Air Medal as authorized awards.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge.  However, his DA Form 20 (Enlisted Qualification Record) shows that he served as a rifleman, automatic rifleman and team leader in MOS 11B in the 2nd Battalion, 327th Infantry in Vietnam.

7.  There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal.  There also is no evidence in his records that he was recommended for award of the Bronze Star Medal.  His DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal in item 41 (Awards and Decorations).

8.  The applicant’s records contain 101st Airborne Division General Orders Number 1232, dated 3 February 1969, which awarded the applicant the Air Medal for action on 4 August 1968.

9.  The Board noted the applicant’s records do not show entitlement to any unit awards.

10.  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 that, at the time of the applicant’s assignment to the 2nd Battalion, 327th Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 43, dated 1970.

11.  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 that, at the time of the applicant’s assignment to the 2nd Battalion, 327th Infantry, that unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class by Headquarters Department of the Army General Orders Number 48, dated 1971.

12.  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.

13.  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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

CONCLUSIONS:

1.  Records show the applicant served during his assignment in Vietnam in an infantry MOS in an infantry duty position in an infantry company engaged in ground combat.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.

2.  The Board considered the applicant’s contention that he received the Bronze Star Medal for meritorious service.  However, the applicant’s service personnel records contain no evidence that he was recommended for or awarded the Bronze Star Medal during his service in Vietnam.  In the absence of orders or a recommendation for award of the Bronze Star Medal in this case, there is insufficient evidence upon which to base award of the Bronze Star Medal to the applicant.

3.  Orders show the applicant is entitled to award of the Air Medal; therefore he is entitled to correction of his records to show this award. 

4.  Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class.  Therefore, he is entitled to correction of his records to show these foreign unit 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 Combat Infantryman Badge, the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class.  

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

BOARD VOTE:  

__WTM__  __JHL__  __RWA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ms. Joann H. Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR2001064769	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020314	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.