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ARMY | BCMR | CY2002 | 2002076393C070215
Original file (2002076393C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 December 2002
         DOCKET NUMBER: AR2002076393


         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, Jr. Chairperson
Mr. Stanley Kelley Member
Mr. Harry B. Oberg 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 military records to show that he was awarded the Combat Infantryman Badge (CIB).

3. The applicant states that his DD Form 214 does not show that he was awarded the CIB.

4. The applicant’s military records show that he was inducted into the Army on 21 November 1968. He was awarded military occupational specialty (MOS) 11B, infantryman, and served in Vietnam in his MOS from 27 June 1969 through 8 October 1969, while assigned to Company B, 5th Battalion, 12th Regiment, 199th Infantry Brigade. He achieved the rank of private first class and was transferred to the US Army Reserve on 24 August 1970. His character of service was honorable.

5. His DA Form 20 (Enlisted Qualification Record) reflects that his primary MOS was 11B.

6. In his records are Headquarters, 93rd Evacuation Hospital, General Order Number 78 that awarded the applicant the Purple Heart for wound received in action on 27 June 1969, while assigned to Company B, 5th Battalion, 12th Regiment, 199th Infantry Brigade.

7. Army Regulation 600-8-22 provides, in pertinent part, that the CIB 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. The evidence of record shows that the individual concerned had an infantry MOS. His award of the Purple Heart indicates that he was engaged in active ground combat while assigned to an infantry unit of brigade or smaller size; therefore, he is entitled to the award of the CIB and to have it shown on his DD Form 214.

2. 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.

BOARD VOTE:

__hbo___ ___sk___ ___rvo___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Raymond V. O'Connor, Jr.___
                  CHAIRPERSON




INDEX

CASE ID AR2002076393
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021219
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. 107.0111
2.
3.
4.
5.
6.


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