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IN THE CASE OF:
BOARD DATE: DOCKET NUMBER:
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
Mr. Edmund P. Mercanti
The following members, a quorum, were
Mr. John N. Slone Mr. Melvin H. Meyer Mr. John T. Meixell
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)
EINDINGS:
1. The applicant has exhausted or the Board has waived the requirement for
exhaustion of all administrative remedies afforded by existing law or
regulations.
Printed on &) Recycled Paper
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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1941 JEFFERSON DAVIS HIGHWAY 2ND FLOOR
ARLINGTON VA 22202-4508
PROCEEDINGS
- --
25 March 2003 AR2002076447
Director Analyst
present:
Chairperson
Member Member
. f
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ABCMR Proceedings (cant)
2. The applicant requests that he be awarded the Combat Infantryman Badge
(CIB), and that his rank be changed from Specialist 5 (SP5) to Sergeant
(SGT).
3. The applicant states that he was an infantryman serving as a rifleman
and squad leader in an infantry unit in Vietnam. He went on numerous
patrols and fought in several firefights. He adds that his commander had
told him that he was being laterally appointed to SGT. but he (the
applicant) was wounded prior to that taking place.
4. The applicant's military records show that he enlisted in the Regular
Army on 31 May 1968. He was awarded the military occupational specialty
(MaS) of light weapons infantryman, and was promoted to the rank of SP5.
5. He was assigned to Vietnam on 2 June 1969. He performed duties as a pay
specialist and senior pay specialist until 19 July 1970. He was then
transferred to an airborne infantry unit and was assigned duties as a team
leader.
6. On 28 September 1970, the applicant was wounded in action. As a result
of those wounds he was processed under the Disability Evaluation System
(DES), which determined that he was physically unfit due to paralysis of
lower right radicular group due to multiple fragment wounds (70 percent
disabled); injury to right muscle group VII, major, severe (40 percent
disabled); injury to right muscle group III, major, moderate severe (30
percent disabled); tender and painful scars on both left and right feet (21
percent disabled); and amputation of second toe (zero percent disabled).
7. Based on those findings, the applicant was retired on 18 January 1971 in
the rank of SP5 due to physical unfitness. His separation document shows
that he was awarded the Army Commendation Medal, the National Defense
Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with
Device 1960; the Parachutist Badge, and marksmanship badges.
8. On 13 June 2002, the Army Reserve Personnel Command added the Bronze
Star Medal, the Purple Heart, and three bronze service stars for wear on
the
applicant's already awarded Vietnam Service Medal.
9. Army Regulation 600-8-22 provides 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.
10. Army Regulation 611-201, Infantryman, MaS 11 B, Standards of Grade
Authorizations, does not authorize infantrymen in specialist grades above
pay grade E-4. Pay grades E-5 and above are all noncommissioned officers
(sergeants).
AR2002076447
2
ABCMR Proceedings (cant) AR2002076447 CONCLUSIONS:
1. The applicant's records verify that he was awarded the MOS of
infantryman
and he was serving in an infantry unit as an infantryman when he was
wounded.
2. As such, he was required to have been laterally appointed to the rank of
sergeant.
3. As for the CIB, an infantryman serving as a team leader in an airborne
infantry unit in Vietnam certainly was engaged in active ground combat. The
fact that he was wounded further verifies his combat involvement.
Therefore, he is entitled to the CIB.
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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
correcte by:
a. showing that the individual concerned was laterally appointed to
the rank of sergeant, pay grade E-5, on 20 July 1970; and
b. awarding to him the CIB.
BOARD VOTE:
--~!!l- -_::~~ ~;~;2~ - GRANT AS STATED IN RECOMMENDATIC /" GRANT FORMAL
HEARING
-~~-
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to this case be corrected
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING DENY APPLICATION
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3
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