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ARMY | BCMR | CY2002 | 2002066384C070402
Original file (2002066384C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 April 2002
         DOCKET NUMBER: AR2002066384


         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. Wanda L. Waller 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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and an unspecified award for his combat service in Vietnam.

3. The applicant states that he fired his M-79 grenade launcher against the enemy several times throughout his tour in Vietnam. He also contends that a fellow veteran reviewed his DD Form 214 and told him that he should have received the Combat Infantryman Badge and several other medals for his service in Vietnam. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that he was inducted on 19 July 1965. He served as an infantryman in Vietnam from 2 February 1966 through
7 February 1967 and was honorably released on 25 July 1967.

5. The applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 does show entitlement to the National Defense Service Medal, the Vietnam Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.

7. There are no orders for the Combat Infantryman Badge in the available records. However, the applicant’s service personnel records show that he was assigned to Headquarters and Headquarters Company, 1st Battalion,
28th Infantry in military occupational specialty (MOS) 11B (infantryman) from
12 February 1966 through 24 October 1966 in Vietnam.

8. The Board noted that item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that Headquarters 1st Infantry Division Special Orders Number 17, dated 28 June 1966, authorized award of the Combat Infantryman Badge.

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 Presidential Unit Citation for actions during the period 6-9 November 1966 by Department of the Army General Orders Number
23, dated 1969.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

12. Army Regulation 600-8-22 (Military Awards) 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. Evidence of record shows the applicant met the qualifications for the Combat Infantryman Badge. The applicant’s DA Form 20 (Enlisted Qualification Record) also shows that he was authorized award of the Combat Infantryman Badge on 28 June 1966. Therefore, the Board determined there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case. The Board also determined that the applicant is entitled to correction of his DD Form 214 to show this award.

2. The applicant’s unit was cited for the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit citations.

3. 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 Combat Infantryman Badge, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross







with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

AAO___ RWA____ KYF_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian_____
                  CHAIRPERSON




INDEX

CASE ID AR2002066384
SUFFIX
RECON
DATE BOARDED 20020404
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0111
2. 107.0031
3. 107.0094
4. 107.0095
5.
6.


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