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ARMY | BCMR | CY2001 | 2001063622C070421
Original file (2001063622C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 April 2002
         DOCKET NUMBER: AR2001063622


         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. Fred N. Eichorn Chairperson
Ms. Barbara J. Ellis Member
Mr. Ronald E. Blakely 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 the correction of his DD Form 214 (Certificate of Release or Discharge From Active Duty) to reflect his award of the Combat Infantryman Badge (CIB).

3. The applicant states that he served in an infantry unit as a light infantryman from January to December 1968, and believes he earned the CIB.

4. The applicant’s counsel states that the applicant’s request should be supported. The Disabled American Veterans, as the counsel for the applicant, request that relief be granted consistent with the evidence available.

5. The applicant’s military records show that he served in the Regular Army from 11 June 1964 through 16 October 1966, he reenlisted on 17 October 1966 and served until he was discharged under honorable conditions on 22 January 1971, at pay grade E-4.

6. The applicant’s DD Form 214 indicates his primary military occupational specialty (MOS) as 11B2P, light weapons infantryman that he served in Vietnam from 27 December 1965 through 25 November 1966 and 3 December 1967 through 1 January 1969.

7. Awards reflected on his DD Form 214 include the National Defense Service Medal, the Meritorious Unit Citation, the Valorous Unit Award, the Vietnam Service Medal with two bronze service stars, the Army Commendation Medal, the Republic of Vietnam Campaign Medal, the Bronze Star Medal, the Parachutist Badge, 2 Overseas Bars, and the Marksman Badge with rifle bar.

8. On 27 May 1968 orders were issued awarding the applicant MOS 11B.

9. Records show that on 25 June 1968 he was assigned as an 11B, Scout Observer, with Company E, 1st Battalion (Airborne), 50th Infantry Brigade, 101st Airborne Division in Vietnam.

10. An award citation reflects that the applicant was awarded the Army Commendation Medal for distinguishing himself by meritorious achievement in ground operations in the Republic of Vietnam during the period 1 March to 31 July 1968.

11. Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that one bronze service star is authorized for the Vietnam Service Medal for each campaign when assigned for duty with a unit during the period in which it participated in combat, or was under order to such unit in a combat zone. The applicant was assigned during his two assignments during the periods in which eight campaigns took place. A silver star is worn instead of five bronze service stars.
12. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, lists units, which have been awarded unit citations, battle credit and foreign awards. The register shows that the 1st Battalion, 506th Infantry Brigade was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation.

CONCLUSIONS:

1. The record shows that MOS 11B was the applicant’s primary MOS and that he served in an infantry duty position assigned to an infantry unit of brigade or smaller size in Vietnam. Therefore, the Board is of the opinion that the applicant is entitled to the award of the CIB.

2. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant served during eight campaigns during his assignment in Vietnam, which are not correctly shown on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to correction of his DD Form 214 to show one silver and three bronze service stars for his Vietnam Service Medal.

3. The 1st Battalion, 506th Infantry Brigade to whom the applicant was assigned in the Republic of Vietnam and was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation. He is therefore, entitled to have these awards 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 showing that the individual concerned was awarded the CIB, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and one silver and three bronze service stars for his Vietnam Service Medal.

BOARD VOTE:

__fne____ ___reb__ ___bje___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Fred N. Eichorn_________
                  CHAIRPERSON




INDEX

CASE ID AR2001063622
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020418
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. 107.0013
2.
3.
4.
5.
6.


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