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ARMY | BCMR | CY2002 | 2002080617C070215
Original file (2002080617C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF: .
                                   
        

         BOARD DATE: 6 May 2003
         DOCKET NUMBER: AR2002080617

         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. W. W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Lana E. McGlynn Member
Mr. Larry C. Bergquist Member
      The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The applicant did ( not ) appear before the Board and was ( not ) represented by counsel.

         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, that he be awarded the Combat Infantryman Badge (CIB) and that his DD Form 214 (Report of Transfer or Discharge) be corrected to show that he was awarded the Bronze Star Medal with "V" device.

3. The applicant states in effect, that the orders for his Bronze Star Medal show that the "V" device was authorized and that this should qualify him for the CIB.

4. The applicant’s military records show that he was inducted on 12 December 1967. He completed training and was awarded military occupational specialty (MOS) 36K, field wireman. He served in Vietnam with various units of the 1st Battalion (Airmobile), 77th Artillery, 1st Cavalry Division (Airmobile) from 15 May 1968 to 2 May 1969. He was separated with an honorable characterization of service, on 11 December 1969 and transferred to the Army Reserve in pay grade E-5. His DD Form 214 lists his authorized awards as the Bronze Star Medal, the Air Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with 3 bronze service stars and the Republic of Vietnam (RVN) Champaign Medal with "60-" device and the Marksman Badge with Rifle Bar.

5. His DD Form 20 (Enlisted Qualification Record) shows that on 15 May 1968 he joined Headquarters and Headquarters Battery, 1st Battalion (Airmobile), 77th Artillery. He joined C Battery on 22 September 1968. On 5 December 1968 he was reassigned within C Battery as a Cannon Crewman (MOS 13B). Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 4444 of 11 April 1969, awarded him the Bronze Star Medal for meritorious service during the period May 1968 to May 1969 and General Orders Number 7001 of 1 June 1969, of the same headquarters, awarded him the Bronze Star Medal with "V" device for heroism on 23 February 1969.

6. 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 who have an infantry military occupational specialty (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, 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.

7. The regulation also provided that a bronze oak leaf cluster is used to denote the second and succeeding awards of most personal decorations, including the Bronze Star Medal.


8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Participation Register) shows that 1st Battalion, 77th Artillery was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to
19 May 1968 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period from 1 January 1969 to 1 February 1970.

CONCLUSIONS:

1. The applicant was awarded the Bronze Star Medal on 11 April 1969 and the Bronze Star Medal with "V" device on 3 June 1969. The latter award should have been designated as the Bronze Star Medal with “V” and First Oak Leaf Cluster.

2. The applicant's Vietnam unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

3. The above awards should be shown on his DD Form 214.

4. The applicant did not hold an infantry MOS and was not assigned to an infantry unit of brigade, regimental or smaller size. He was not eligible for award of the CIB.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that, in addition to the awards currently listed on his DD Form 214, the individual concerned is authorized the Bronze Star Medal with “V” and First Oak Leaf Cluster, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:

_FNE___ ___LEM _ __LCB __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Fred N. Eichorn_________
                  CHAIRPERSON




INDEX

CASE ID AR2002080617
SUFFIX
RECON
DATE BOARDED 20030506
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PART
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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