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ARMY | BCMR | CY2002 | 2002078582C070215
Original file (2002078582C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 January 2003
         DOCKET NUMBER: AR2002078582


         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:

Ms. Karol A. Kennedy Chairperson
Mr. Melvin H. Meyer Member
Ms. Tracey L. Pinson 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.

3. The applicant states that the Combat Infantryman Badge is not listed on his DD Form 214. He also states, in effect, that he served in military occupational specialty (MOS) 11B20 (infantry) with Americal Division in Vietnam and received a Purple Heart for wounds.

4. The applicant’s military records show that he was inducted on 19 February 1969. He served as a light weapons infantryman in Vietnam from 16 October 1969 through 23 November 1969 and was honorably released from active duty on 19 February 1971.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.

6. The applicant’s service personnel records show that he was assigned to Company D, 4th Battalion of the 3rd Infantry in MOS 11B (infantry) during his assignment in Vietnam. His records also show that he was wounded in action on 19 November 1969 in Vietnam.

7. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in one campaign during his assignment in Vietnam.

8. 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 42, dated 1972. This award is not shown on his discharge document.

9. 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.

10. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. 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 that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in one campaign during his assignment in Vietnam which is not correctly shown by award of one bronze service star for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show these awards.

3. The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

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 corrected by showing that the individual concerned was awarded the Combat Infantryman Badge, the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

KAK___ MHM_____ TLP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Karol A. Kennedy___
                  CHAIRPERSON




INDEX

CASE ID AR2002078582
SUFFIX
RECON
DATE BOARDED 20030128
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0111
2. 107.0000
3.
4.
5.
6.


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