PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           24 October 2002                   
	DOCKET NUMBER:   AR2002076720

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Karen A. Heinz		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 he be awarded the Combat Infantryman Badge (CIB).

3.  The applicant states that he operated as a light weapons infantryman in a Long Range Recon Patrol team in the jungles of Vietnam

4.  The applicant’s military records show that he was inducted and entered on active duty on 13 February 1970.  He was awarded the military occupational specialty (MOS) of 11C, indirect fire crewman (mortar).

5.  He served in Vietnam from 9 July 1970 to 19 September 1971.  While he was in Vietnam, he served as a radio operator in infantry and ranger units.  He was promoted to pay grade E-5 with no record of any disciplinary actions being taken or considered against him.  He was awarded the Air Medal (AM) on 29 June 1971 by General Orders Number 931 published by Headquarters, 3rd Brigade, 1st Cavalry Division.

6.  He was honorably released from active duty on 20 September 1971 due to his having insufficient time remaining on his induction to warrant assigning him to another unit after his return from Vietnam.  His separation document shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with 1960 Device, the Vietnam Campaign Medal with 2 Bronze Service Stars, the Army Commendation Medal for Valor, and the Bronze Star Medal.

7.  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, 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.

8.  Army Regulation 600-8-22 also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. 

9.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that one of the applicant's units in Vietnam was awarded the Valorous Unit Award during the period in which he was assigned.

10.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

CONCLUSIONS:

1.  The applicant held an infantry MOS, was assigned to an infantry unit, and was actively engaged in combat, as evidenced by his award of a valorous decoration.  As such, he is entitled to the CIB.

2.  In addition, the applicant’s record depicts a soldier who distinguished himself by his conduct, efficiency and fidelity.  As such, the Board must presume that the applicant’s lack of a Good Conduct Medal was an administrative oversight.

3.  The applicant is also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Valorous Unit Award for his service in Vietnam.

4.  Since the applicant was awarded the AM, that award should also be added to his separation document.

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

RECOMMENDATION:

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

	a.  awarding to the individual concerned the CIB;

	b.  awarding him the Good Conduct Medal; 

	c.  awarding him the Republic of Vietnam Gallantry Cross Unit Citation with Palm; 

d.  awarding him the Valorous Unit Award; and

	e.  adding these awards to his separation document along with his AM.

BOARD VOTE:  

___bje___  ____kah_  ___rvo__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Raymond V. O'Connor, Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR2002076720	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021024	
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.