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Decision Text

ARMY | BCMR | CY2003 | 2003084066C070212
Original file (2003084066C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 June 2003
         DOCKET NUMBER: AR2003084066


         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Mr. Paul M. Smith Member
Ms. Jennifer L. Prater 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add all his awards, to include the Combat Infantryman Badge, and his advanced individual training (AIT) course.

3. The applicant states that he was not awarded the Combat Infantryman Badge and other awards for duties in a combat area.

4. The applicant’s military records show that he was inducted into the Army on 5 September 1969. He completed basic combat training and 9 weeks of AIT in January 1970 and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5. The applicant arrived in Vietnam and was assigned to Company D, 3d Battalion, 187th Infantry as a rifleman on or about 22 March 1970. He was wounded in action on 22 June 1970 for which he was awarded the Purple Heart and was medically evacuated to Japan on 18 July 1970. He received participation credit for two campaigns.

6. The applicant was awarded the Army Commendation Medal for meritorious achievement by Headquarters, 101st Airborne Division (Airmobile) on General Orders Number 8971 dated 10 August 1970.

7. The applicant was honorably released from active duty on 1 September 1971. His DD Form 214 shows he was awarded the National Defense Service Medal, the Purple Heart, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Expert Qualification Badge with Rifle bar. Item 25 (Education and Training Completed) of his DD Form 214 shows that he completed basic combat training but no other training.

8. Army Regulation 600-8-22 (Military Awards) provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.

9. Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each campaign participation credited.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant's assignment to the 3d Battalion, 187th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 48, dated 1971.
11. Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

12. Army Regulation 635-5 (Separation Documents), in effect at the time, provided that service schools successfully completed during the period covered by the DD Form 214 being prepared would be entered in item 25.

CONCLUSIONS:

1. The applicant was an infantryman performing infantry duties in an infantry unit while in Vietnam. As evidenced by his receipt of the Purple Heart, his unit was actively engaged in combat at the time and he participated in that combat. Therefore, the Board concludes he met the eligible criteria for award of the Combat Infantryman Badge.

2. The applicant was awarded the Army Commendation Medal. This award should be added to his DD Form 214. In addition, he was credited with participation in two campaigns. His DD Form 214 should be amended to show he is authorized to wear two bronze service stars on the Vietnam Service Medal.

3. The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. That unit award should be added to his DD Form 214.

4. Later, all units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award should also be added to the applicant's DD Form 214.

5. At the time the applicant separated, regulatory guidance for completing item 25 of the DD Form 214 was to enter service schools successfully completed during the period covered by the DD Form 214 being prepared. The applicant successfully completed Light Weapons Infantryman AIT in January 1970 yet it is not listed in item 25. This course should be added to his DD Form 214.

6. 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 awarding the applicant the Combat Infantryman Badge.

2. That the applicant's DD Form 214 be corrected:

a. in item 24 by adding the Combat Infantryman Badge, the Army Commendation Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear two bronze service stars on the Vietnam Service Medal; and

b. in item 29 by showing he completed the 9-week Light Weapons Infantryman course in January 1970.

BOARD VOTE:

__jl___ ___ps___ ___jp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Joann Langston___
                  CHAIRPERSON




INDEX

CASE ID AR2003084066
SUFFIX
RECON
DATE BOARDED 20030603
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.04
2. 100.07
3.
4.
5.
6.


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