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Decision Text

ARMY | BCMR | CY2002 | 2002071905C070403
Original file (2002071905C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 August 2002
         DOCKET NUMBER: AR2002071905


         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. Fred N. Eichorn Chairperson
Mr. Ted S. Kanamine Member
Ms. Lana E. McGlynn 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, correction of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Air Medal and the Combat Infantryman Badge.

3. The applicant states that these awards were left off of his DD Form 214. He also contends that he was awarded the Purple Heart. In support of his application, he submits orders for award of the Purple Heart and his DA Form
20 (Enlisted Qualification Record).

4. The applicant’s military records show that he enlisted in the Army National Guard on 13 July 1961. He was ordered to active duty for training during the period 20 January 1962 to 19 July 1962 and was honorably discharged from the Army National Guard on 5 May 1963. He enlisted in the Regular Army on 6 May 1963 and remained on active duty through continuous reenlistments until he retired on 30 November 1982 in the rank of staff sergeant.

5. The applicant’s service personnel records contain four DD Forms 214, none of which show the Air Medal or the Combat Infantryman Badge as authorized awards.

6. There are no flight hours recorded in the applicant’s personnel records. There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal.

7. The applicant’s service personnel records show that he was assigned to Company B, 2nd Battalion of the 8th Cavalry Division in military occupational specialty (MOS) 11B (infantry) during his second tour in Vietnam (8 June 1967 through 14 December 1967). His records also show that he was wounded as a result of hostile action on 28 August 1967 in Vietnam.

8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9. 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 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. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for award of the Air Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Air Medal in this case.

2. Evidence of record shows the applicant served in an infantry MOS while assigned to an infantry company in Vietnam. Evidence of record also shows the applicant was wounded in action. Therefore, the Board determined there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. 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.

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

BOARD VOTE:

FNE___ TSK_____ LEM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn_____
                  CHAIRPERSON




INDEX

CASE ID AR2002071905
SUFFIX
RECON
DATE BOARDED 20020813
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0018
2. 107.0111
3.
4.
5.
6.


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