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ARMY | BCMR | CY2003 | 2003089806C070403
Original file (2003089806C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 23 SEPTEMBER 03
         DOCKET NUMBER: AR2003089806


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Arthur A. Omartian Member
Mr. Patrick H. McGann, Jr. 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 records be corrected to reflect award of the Combat Infantryman Badge.

3. The applicant states his unit commander awarded him the badge in August or September 1971. He submits no evidence in support of his request.

4. Records available to the Board indicate the applicant was inducted and entered active duty on 18 March 1970.

5. While undergoing training he qualified as an expert with the M-60 machine gun and the 45-caliber pistol and was awarded the associated badge and component bars. That information, however, was omitted from his separation document.

6. Following completion of training the applicant was awarded an infantry specialty (11B) and assigned to the 52nd Aviation Battalion in Vietnam as a security guard.

7. His records indicate that he arrived in Vietnam in November 1970 and remained in Vietnam until November 1971 when he returned to the United States.

8. He was released from active duty on 22 November 1971 under a program which permitted the early separation of overseas returnees.

9. Although his separation document does reflect entitlement to the Vietnam Service Medal and National Defense Service Medal, there is no indication he was awarded the Combat Infantryman Badge.

10. There are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.

11. A review of Department of the Army Pamphlet 672-3 notes that the applicant's unit (52nd Aviation Battalion) was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and participated in two designated campaign periods (Vietnam Counteroffensive Phase VII and Consolidation I) while the applicant was a member of the organization. The unit awards, and his





entitlement to two bronze service stars on his Vietnam Service Medal denoting campaign participation, were omitted from his separation document.

12. Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with Device (1960) to soldiers who served in the Republic of Vietnam for 6 months during the period 1 March 1961 through 28 March 1973.

CONCLUSIONS:

1. Although the applicant may have been an infantryman at the time he served in Vietnam, the evidence indicates that he was assigned to an aviation unit and as such would not have met one of the basic qualifications for entitlement to the badge.

2. The evidence does, however, indicate that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), and two bronze service stars on his Vietnam Service Medal. His records should be corrected accordingly.

3. The evidence also indicates that the applicant qualified as an expert with the M-60 machine gun and the 45-caliber pistol and was awarded the associated badge and component bars. His records should be correct should be corrected accordingly.

4. 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:

a. by showing that the individual concerned is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), and two bronze service stars on his Vietnam Service Medal; and






         b. by showing that he qualified as an expert with the M-60 machine gun and the 45-caliber pistol and was awarded the associated badge and component bars.

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

BOARD VOTE:

__JLP___ __AAO _ __PHM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  ____Jennifer L. Prater______
                  CHAIRPERSON



INDEX

CASE ID AR2003089806
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030923
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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