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ARMY | BCMR | CY2001 | 2001057479C070420
Original file (2001057479C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2001
         DOCKET NUMBER: AR2001057479


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Celia L. Adolphi Chairperson
Mr. Curtis L. Greenway 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 correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and to show all other awards that were awarded to his unit.

3. The applicant states that item 24 of his DD Form 214 shows he was a combat engineer and that item 24b (Related Civilian Occupation and D.O.T. Number) shows his civilian related occupation as “Blaster & Powderman”. He contends that he was always under direct fire and returning fire to the enemy. In support of his application, he submits a copy of his DD Form 214 and a supplemental letter.

4. The applicant’s military records show that he was inducted in the Army on 28 October 1965. He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 12B (Combat Construction Specialist). He served in Vietnam from 28 September 1966 through 16 September 1967 and was honorably discharged from active duty on 19 September 1967.

5. The applicant’s DD Form 214, which is authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award. Also, there are no orders in the applicant’s service personnel records which show he was awarded the Combat Infantryman Badge.

6. Records show the applicant served in MOS 12B as a combat construction specialist with Company D of the 86th Engineer Battalion in Vietnam. There is no evidence available to the Board which shows he was awarded an infantry MOS or that he served with an infantry unit in combat.

7. The Board noted that the applicant is entitled to award of the Vietnam Service Medal with one bronze service star, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar which are not shown on his discharge document.

8. The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal. His DA Form 20 (Enlisted Qualification Record) shows he received credit for participation in the Vietnam Counteroffensive, Phase II Campaign in item 39 (Campaigns). 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.

9. 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 the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 1 May 1967 to 3 July 1968 by Department of the Army General Orders Number 17, dated 1969. This document also shows that the applicant’s unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

10. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8,
dated 19 March 1974.

11. The applicant’s personnel records contain 1st Training Brigade Special Orders Number 235, dated 18 December 1965, which awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar. His records also contain 86th Engineer Battalion Special Orders Number 125, dated 27 July 1966, which awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

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.

CONCLUSIONS:

1. There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge. The applicant was not awarded an infantry MOS and he did not serve in an infantry unit or infantry position in combat during his assignment in Vietnam. Therefore, the applicant is not eligible for award of the Combat Infantryman Badge.

2. Evidence of record shows the applicant participated in one campaign during his assignment in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show one bronze service star to be affixed to his Vietnam Service Medal.

3. Evidence of record shows that the applicant’s unit in Vietnam was cited for award of the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 will be amended to show these unit awards.

4. Orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar; therefore, his DD Form 214 will be amended to show these badges.

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 the individual concerned be corrected:

a. by deleting the Vietnam Service Medal from item 24 of his DD Form 214; and

b. by showing he was awarded the Vietnam Service Medal with one bronze service star, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

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

BOARD VOTE:

CLA_____ CLG____ DPH____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Celia L. Adolphi_____
                  CHAIRPERSON



INDEX

CASE ID AR2001057479
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010911
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT IN PART
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0111
2. 107.0000
3.
4.
5.
6.


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