PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           31 October 2002                   
	DOCKET NUMBER:   AR2002076227

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Ms. Regan K. Smith 		Member	
	Mr. Donald P. Hupman		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, correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 21 November 1967 to show his inclusive dates of service in Vietnam.  He also requests award of the Combat Infantryman Badge.

3.  The applicant states that his time in Vietnam and the Combat Infantryman Badge are not shown on his DD Form 214.  

4.  The applicant’s military records show that he enlisted on 5 November 1965 for a period of 3 years.  He served as a wheel vehicle mechanic, a power plant operator/mechanic and a senior light vehicle driver in Vietnam and was honorably discharged on 21 November 1967 for immediate reenlistment.  He reenlisted on 22 November 1967 for a period of 4 years.  He served as a heavy vehicle driver and was honorably discharged on 26 November 1971. 

5.  The applicant’s DD Form 214 with an effective date of 21 November 1967 does not show his inclusive dates of service in Vietnam or the Combat Infantryman Badge as an authorized award.

6.  Item 31 (Foreign Service) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from 24 September 1966 through 17 September 1967.

7.  There are no orders for the Combat Infantryman Badge contained in the applicant’s records.

8.  The applicant’s military records show that he was assigned to the 518th Adjutant General Personnel Service Company in military occupational specialty (MOS) 63B (wheel vehicle mechanic) and MOS 52B (power plant operator/mechanic) during his assignment in Vietnam.  He was also assigned to the 24th Transportation Company in MOS 64A (light vehicle driver) during his assignment in Vietnam.     

9.  The applicant’s DD Form 214 with an effective date of 21 November 1967 shows the entry, “VSM w/Br Svc Star” [Vietnam Service Medal with bronze service star] as an authorized award.  His records show that he participated in two campaigns during his assignment in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  This award is not shown on his discharge document.

11.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

12.   Army Regulation 600-8-22 (Military Awards) 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, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  Based on the applicant’s service in Vietnam, and in accordance with the governing regulation, the applicant is entitled to correction of item 30 (Remarks) on his DD Form 214 with an effective date of 21 November 1967 to show his inclusive dates of service in Vietnam.

2.  Although the applicant contends that he is entitled to the Combat Infantryman Badge, evidence of record shows he served in MOS 63B (wheel vehicle mechanic), MOS 52B (power plant operator/mechanic) and MOS 64A (light vehicle driver) during his assignment in Vietnam.

3.  There is no evidence of record that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam.  Therefore, the Board determined that there was insufficient evidence on which to base award of the Combat Infantryman Badge in this case. 

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal with one bronze service star as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.   
5.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

6.  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: 

	a.  by adding the entry, “VIETNAM SERVICE:  660924-670917” in item 
30 (Remarks) on the DD Form 214 with an effective date of 21 November 1967 of the individual concerned; and

	b.  by deleting the entry, “VSM w/Br Svc Star” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized); and 

	c.  by adding the entries, “Vietnam Service Medal with two bronze service stars” and “Republic of Vietnam Gallantry Cross with Palm Unit Citation” in item 24 on the DD Form 214.

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

BOARD VOTE:  

CLG____  RKS____  DPH_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Curtis L. Greenway______
		        CHAIRPERSON

INDEX

CASE ID	AR2002076227	
SUFFIX		
RECON		
DATE BOARDED	20021031	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	107.0111	
3.	107.0000	
4.		
5.		
6.