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ARMY | BCMR | CY2003 | 2003085497C070212
Original file (2003085497C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 02 OCTOBER 2003
         DOCKET NUMBER: AR2003085497

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Ms. Kathleen A. Newman Chairperson
Mr. Lester Echols Member
Mr. John T. Meixell Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his records be corrected to reflect award of the Combat Infantryman Badge.

APPLICANT STATES: That he was a 13F20 (Automatic Weapons Infantryman) while in Vietnam and did not realize that his separation document did not reflect award of the Combat Infantryman Badge until his “veterans” representative questioned him about it. In support of his request he submits a copy of his separation document.

EVIDENCE OF RECORD: The applicant's military records show:

He entered active duty on 23 February 1966 and was trained as an artilleryman (13F). The applicant arrived in Vietnam in May 1967 and performed duties as a cannoneer. He was initially assigned to the 2nd Battalion, 19th Artillery, and in February 1968 was reassigned to the 4th Battalion, 60th Artillery. He returned to the United States in May 1968 and was ultimately released from active duty with an honorable characterization of service on 13 August 1969.

His records do not reflect award of the Combat Infantryman Badge. The title of his military specialty (13F) is, however, recorded as “Auto Weapons Inf” on his Department of Defense Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The title listed in other areas of his records for his specialty is Automatic Weapons Crewman.

A review of Army Regulation 611-201, which lists the titles and specialties for enlisted Soldiers, indicates that the title for specialty 13F is Fire Support Specialist.

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 persons who have an infantry specialty (11 series). 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, from the United States Total Army Personnel Command, now known as the United States Army Human Resources Command – Alexandria, 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.

A review of Department of the Army Pamphlet 672-3 indicates that the 2nd Battalion, 19th Artillery was awarded a Republic of Vietnam Gallantry Cross Unit Citation with Palm while he was a member of that organization, and that the 4th Battalion, 60th Artillery was awarded two Meritorious Unit Commendations and a Republic of Vietnam Gallantry Cross Unit Citation with Palm while he was assigned to that unit. None of those awards, however, are reflected on his separation document. The pamphlet also indicates that the applicant would have participated in four designated campaign periods (TET Counteroffensive, Vietnam Counteroffensive Phases II, III, and IV). Four bronze service stars on the Vietnam Service Medal, which is reflected on the applicant’s separation document, should record his participation in those campaigns.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. Although there may be some discrepancies in the title of the applicant’s specialty, he was in fact an artilleryman (13 series) and not an infantryman (11 series). He was also assigned to an artillery element not an infantry unit. As such, the applicant did not meet the eligibility requirements for award of the Combat Infantryman Badge.

2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: Officials at the Army Review Boards Agency Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of a two Meritorious Unit Commendations, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and four bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__KAN __ __LE ___ __JTM __ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records



INDEX

CASE ID AR2003085497
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031002
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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