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Decision Text

ARMY | BCMR | CY2002 | 2002077919C070215
Original file (2002077919C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 16 January 2003
         DOCKET NUMBER: AR2002077919


         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. Antoinette Farley Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Arthur A. Omartian Member
Ms. Marla J. N. Troup 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. In effect, the applicant requests reconsideration for award of the Combat Infantryman Badge (CIB), through his Member of Congress.

3. The applicant’s Member of Congress submits a copy of the missing page 2 of Permanent Orders Number 15-1004 dated 23 January 1990, which shows the applicant’s name is listed for award of the CIB.

4. The Memorandum of Consideration (MOC) of the Board’s 18 June 2002, review of the case (AR2001063385) is incorporated herein by reference as if wholly set forth.

5. The applicant's submission is new argument that requires Board consideration.

6. The second page of Permanent Orders 15-1004, dated 23 January 1990, issued by Headquarters, 7th Infantry Division (Light) Fort Ord, California shows that his name is listed for award the CIB for the period 19 December 1989 to
13 January 1990.

CONCLUSIONS:

1. The newly provided evidence of record shows that the applicant is entitled to award of the CIB. Accordingly, the applicant is now entitled to correction of his records to show this award.

2. In view of the foregoing findings and conclusions, correcting the applicant's records as recommended below will correct and error and rectify an injustice.

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
:

___RVO_ ___AAO_ ___MJT__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Raymond V. O'Connor, Jr._____
                  CHAIRPERSON



INDEX

CASE ID AR2002077919
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003.01.16
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY DASA
ISSUES 1. A107.0000
2. A107.0111
3.
4.
5.
6.



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