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Decision Text

ARMY | BCMR | CY2001 | 2001066189C070421
Original file (2001066189C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 04 APRIL 2002
         DOCKET NUMBER: AR2001066189


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Roger W. Able Member
Ms. Karen Y. Fletcher 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, in effect, that his records be corrected to reflect award of the Combat Infantryman Badge, and any other awards associated with his service in Vietnam. He also asks that his service in Vietnam be recorded on his separation document and that the fourth and fifth digits of his SSAN (Social Security Account Number) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect 72 vice 78. He states that he served "in harms way as a combatant in Vietnam" and that such service was not recognized in anyway on his separation document. He states the absence of such information was discovered when he went to his local VA office to apply for benefits. In support of his request he submits a self-authored statement detailing his duties while in Vietnam and documents confirming his assignment to Vietnam. He does not, however, submit any evidence which confirms his SSAN.

3. Records available to the Board indicate the applicant was inducted and entered active duty on 27 October 1966. While undergoing basic training at Fort Polk, Louisiana, the applicant was awarded a Sharpshooter Qualification Badge with "Rifle" bar. Orders issued at Fort Polk confirm the award, although the badge was omitted from his 1968 separation document. In March 1967, following completion of training as a field artilleryman, the applicant was assigned to Fort Hood, Texas.

4. On 30 August 1967 he arrived in Vietnam and was awarded an armor primary specialty of 11D shortly after being assigned to the 3rd Squadron of the 11th Armored Cavalry Regiment. He remained with the 11th Armored Cavalry Regiment until January 1968 when he was reassigned to the 6th Howitzer Battalion, 15th Artillery of the 1st Infantry Division. By July 1968 his 11D specialty had been withdrawn and he was, once again, awarded a field artillery specialty.

5. The applicant remained in Vietnam until 28 August 1968. Upon his return to the United States he was released from active duty effective 29 August 1968. His DD Form 214 reflects entitlement to the National Defense Service Medal and the Army Good Conduct Medal. Although it does show that his last duty assignment was in USARPAC (United States Army Pacific Command) there is no specific entries, which confirms his 12 months of service in Vietnam.

6. Various documents in the applicant's military personnel file reflect the fourth and fifth digits of his SSAN as 78 or 72. There is no document from the Social Security Administration in his file which confirms his correct number.

7. 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, 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 specialties 11B, 11C, 11F, 11G, or 11H.

8. By virtue of the applicant's service in Vietnam with the 3rd Squadron of the 11th Armored Cavalry Regiment between August 1967 and January 1968, and with the 6th Howitzer Battalion, 15th Artillery of the 1st Infantry Division between January and August 1968, he is entitled to a Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal Unit Citation.

CONCLUSIONS:

1. There is no evidence, and the applicant has not provided any, that he met requirements for award of the Combat Infantryman Badge. He performed duties in the armor and field artillery areas while assigned to armor and artillery elements and as such would not have qualified for award of the Combat Infantryman Badge.

2. The Board also notes that applicant's military personnel file reflects two different SSANs and in the absence of official documentation from the Social Security Administration cannot correct the applicant's records.

3. The evidence confirms the applicant was awarded a Sharpshooter Qualification Badge with "Rifle" bar which was omitted from his separation document. The badge should be added.

4. The evidence confirms that the applicant did serve in Vietnam. For clarity purposes the Board concludes that it would be appropriate, and in the interest of justice, to add an entry to the remarks section (item 30) on his separation document reflecting his service in Vietnam between 30 August 1967 and
28 August 1968.

5. The Board also notes that by virtue of his service in Vietnam he is entitled to a Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal Unit Citation. His records should be corrected accordingly.




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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. by showing in the remarks section (item 30) that applicant served in Vietnam between 30 August 1967 and 28 August 1968;

b. by showing that he was awarded a Sharpshooter Qualification Badge with "Rifle" bar; and

         c. by showing that he is entitled to a Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal Unit Citation.

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

BOARD VOTE:

__AAO__ __RWA__ __KYF __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Arthur A. Omartian___
                  CHAIRPERSON




INDEX

CASE ID AR2001066189
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020404
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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