PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 January 2003                   
	DOCKET NUMBER:   AR2002076780

	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:

	Ms. Kathleen A. Newman 		Chairperson	
	Ms. Gail J. Wire 		Member	
	Mr. Patrick H. McGann		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 military records to show award of the Combat Infantryman Badge.

3.  The applicant states that his DD Form 214 (Report of Transfer or Discharge) should reflect that he was awarded the Combat Infantryman Badge due to his unit actions and service in Vietnam.  He contends that he has worn the Combat Infantryman Badge during his entire time in the service until his retirement.  In support of his application, he submits an undated personal statement; four DD Forms 214; a roster of Company B, 1st Battalion, 35th Infantry; a photograph of a soldier; two pages of his DA Form 20 (Enlisted Qualification Record); and a Daily Staff Journal or duty Officer’s Log, dated 3 July 1966 of Headquarters, 1st Battalion, 35th Infantry, 3rd Brigade, 25th Infantry Division.   

4.  The American Legion, as counsel for the applicant, points out the error raised by the applicant.  Counsel opines that the applicant’s submission, in conjunction with the official Army records, amply advance the applicant’s contentions and substantially reflect the probative facts needed for an equitable review. 

5.  The applicant’s military records show that he entered active duty on 8 July 1964 and remained on active duty through continuous reenlistments.  He served in Hawaii, Vietnam, Germany and Korea.  On 13 June 1980, the applicant was permanently retired by reason of physical disability.

6.  The applicant’s DD Forms 214 do not show the Combat Infantryman Badge as an authorized award.

7.  There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.  However, his DA Form 20 (Enlisted Qualification Record) shows that he was assigned to Company B, 1st Battalion, 35th Infantry in military occupational specialty (MOS) 11B (infantry) from 30 December 1965 through 5 October 1966 in Vietnam. 

8.  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.

CONCLUSIONS:

1.  Evidence of record shows the applicant served in an infantry MOS in an infantry company in combat in Vietnam.  Therefore, the Board determined that there is sufficient evidence on which to base an award of the Combat Infantryman Badge in this case.

2.  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 showing that the individual concerned was awarded the Combat Infantryman Badge.

BOARD VOTE:  

KAN___  GJW____  PHM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Kathleen A. Newman_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002076780	
SUFFIX		
RECON		
DATE BOARDED	20030123	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.