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ARMY | BCMR | CY2001 | 2001059605C070421
Original file (2001059605C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 October 2001
         DOCKET NUMBER: AR2001059605


         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Ms. Celia L. Adolphi Chairperson
Mr. Arthur A. Omartian Member
Mr. Harry B. Oberg 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 his Report of Transfer or Discharge, DD Form 214, be amended to add all his awards.

3. The applicant states that the awards he received during almost 6 years in the U. S. Army Reserve (USAR) and while on active duty are not reflected on his DD Form 214 and were not given to him. While on active duty with the 25th Infantry Division in Hawaii, he was sent on temporary duty (TDY) to Vietnam. He served as an 11B (Light Weapons Infantryman). He should have been awarded the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and other decorations awarded to the 25th Infantry Division. He provides his DD Form 214 as supporting evidence.

4. The applicant's military records show that he enlisted in the USAR on 28 January 1964. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B. His Service Record, DA Form 24, shows that he was awarded the expert qualification badge rifle M14 on 16 July 1964.

5. The applicant was ordered to active duty on 22 June 1968 for 18 months and 26 days. He was assigned to Headquarters and Headquarters Company, 29th Infantry Brigade, Schofield Barracks, HI.

6. The applicant’s Enlisted Qualification Record, DA Form 20, (which superseded the DA Form 24 effective 1 April 1965), item 29 shows that he was awarded the marksman qualification badge, rifle M1 on 22 June 1965. Item 38 shows that on 21 August 1968 he was assigned to Headquarters and Headquarters Service Battery, 1st Battalion, 487th Artillery apparently in a TDY status.

7. On file is an original but unsigned U. S. Military Assistance Command, Vietnam Certificate of Appreciation. The citation reads in part “…in the Republic of Vietnam while touring the Command with a military group, entertaining personnel of all services, the significant and…”

8. The applicant’s DA Form 20 shows that he was reassigned back to Headquarters and Headquarters Company, 29th Infantry Brigade, Schofield Barracks, HI on 2 November 1968.

9. On 17 September 1969, the applicant was released from active duty. His DD Form 214 shows he was awarded the National Defense Service Medal.


10. Army Regulation 600-8-22 states that the Combat Infantryman Badge is awarded to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. The Vietnam Service Medal is awarded to all members who served in Vietnam for 1 or more days with an organization participating in or directly supporting military operations or who served on TDY for 30 consecutive days or 60 nonconsecutive days. The Republic of Vietnam Campaign Medal is awarded to personnel who served in the Republic of Vietnam for 6 months during a specified period.

CONCLUSIONS:

1. The evidence of record shows the applicant was awarded the expert qualification badge rifle M14 and the marksman qualification badge rifle M-1.

2. An original but unsigned Certificate of Appreciation shows the applicant was in Vietnam. However, it appears he served with an entertainment unit, not an infantry unit. Therefore, he is not entitled to award of the Combat Infantryman Badge. The Certificate does not verify the length of his service in Vietnam. The Board concludes that eligibility for award of the Republic of Vietnam Campaign Medal (6-months service) is almost certainly ruled out. The Certificate shows that he did not serve with a unit participating in or directly supporting military operations, so the 1-day criteria for award of the Vietnam Service Medal is ruled out. The Certificate does not state how long he served, so it cannot be determined to the Board’s satisfaction that he met the 30-consecutive days TDY requirement.

3. There is no evidence to show that the applicant was assigned to a unit during a period of time that unit was awarded a unit citation.

4. There is no evidence of record to show that the applicant was awarded any other awards.

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

RECOMMENDATION:

1. That the applicant’s DD Form 214 for the period ending 17 September 1969 be amended to add the expert qualification badge rifle M14 and the marksman qualification badge rifle M-1.


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

BOARD VOTE:

__cla___ __aao___ __hbo___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Celia L. Adolphi
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001059605
SUFFIX
RECON
DATE BOARDED 20011030
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0073
2. 107.0088
3. 107.011
4.
5.
6.


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