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ARMY | BCMR | CY2001 | 2001060391C070421
Original file (2001060391C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
                                   

         BOARD DATE: 30 August 2001
         DOCKET NUMBER: AR2001060391


         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. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor Chairperson
Mr. Christopher J. Posser Member
Ms. Linda D. Simmons 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 DD Form 214, (Report of Transfer or Discharge), be corrected to show that he was awarded the Purple Heart for three separate wounds and the Combat Infantryman Badge (CIB).

3. The applicant states that his DD Form 214 does not show that he was awarded the Purple Heart three times and the CIB.

4. The applicant’s military records show that he was inducted on 29 June 1967 and was trained in military occupational specialty (MOS) 11B (light weapons infantryman). He was honorably separated to the US Army Reserve on 10 February 1969 in pay grade E-3. He reenlisted into the Regular Army on 4 January 1977, achieving the rank of E-5, served in Vietnam with B Company 101st Airborne Division and was honorably separation for physical disability on 24 October 1979.

5. Awards reflected on his DD Form 214 include the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Purple Heart with 2 oak leaf clusters (OLC), the Parachutist Badge and the Expert Badge with rifle and grenade bars

6. On 17 April 1968, General Order Number 134 was issued awarding the applicant the Purple Heart – Third award for wounds received in action.

7. AR 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers and enlisted personnel 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 US Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

8. The same regulation provides that the Good Conduct Medal is awarded to soldiers who distinguish themselves by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active federal military service. For the first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year.

CONCLUSIONS:

1. The general order for the Purple Heart provided by the applicant clearly establishes that he received three awards of the Purple Heart. Further, his DD Form 214 reflects these three awards by showing that he is authorized the Purple Heart with 2nd OLC.

2. The applicant records do not reflect the dates that he served as an 11B in a combat unit in Vietnam, requirements for award of the CIB. However, the applicant’s records do reflect that he was trained as an 11B, served in Vietnam and was wounded by hostile fire on three occasions. This evidence convinces the Board that the applicant probably met all of the requirements for award of the CIB. Therefore, he is entitled to correction of his military records to show he was awarded the CIB.

3. Additionally, he was promoted to the grade of E-3 in less than two years, had no evidence of disciplinary action or time lost reflected in his record during his service from 29 June 1967 to 10 February 1969, and received a honorable discharge. In view of these accomplishments, it is presumed that he was qualified for but never awarded the Good Conduct Medal. It would be appropriate therefore to add this award to those shown on his DD Form 214.

4. 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. showing that the individual concerned was awarded the CIB; and

b. showing that he was awarded the Good Conduct Medal for the period of 29 June 1967 to 10 February 1969.

BOARD VOTE:

__rvo __ ____lds___ ____cjp _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Raymond V. O'Connor_____
                  CHAIRPERSON




INDEX

CASE ID AR2001
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010830
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.


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