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ARMY | BCMR | CY2003 | 2003090459C070212
Original file (2003090459C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 May 2003
         DOCKET NUMBER: AR2003090459


         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. Joyce A. Hall Analyst


The following members, a quorum, were present:

Mr. Melvin H. Meyer Chairperson
Ms. Deborah S. Jacobs Member
Mr. Jose A. Martinez 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 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of the Combat Infantryman Badge (CIB).

3. The applicant states, in effect, that he attended and completed light weapons infantry school at Fort Ord, California and he was awarded military occupational specialty (MOS) 11B20. When he departed California for assignment in Vietnam, his MOS 11B20. Upon arriving in Vietnam, he, along with 20 other enlisted personnel, was placed in a military police unit. Their duties were to guard a prisoner of war compound until replacements arrived. He was later assigned to and served with Company F, 75th Infantry (Rangers) (Long Range Infantry Reconnaissance Patrol). While assigned to Company F, 75th Infantry (Rangers), he was awarded the CIB. He thought that the award was recorded in his 201 file. He noticed the omission when he was updating his records to include other Vietnam awards. In support of his application the applicant submits a copy of the Rangers' After Action Report, dated 10 April 1969.

4. The applicant’s military records show that he was inducted into the Army of the United States on 29 April 1968. He completed basic combat training at Fort Bliss, Texas. He completed advanced individual training at Fort Ord, California, in MOS 11B10 (Light Weapons Infantryman).

5. On or about 31 August 1968, the applicant departed for assignment in Vietnam. On 12 September 1968, he arrived in Vietnam and on 27 September 1968 he was assigned to the 25th Military Police Company, 25th Infantry Division. His principal duty was senior military policeman and his duty MOS was 95B20.

6. On 26 February 1969, the applicant was assigned to Troop D, 3rd Squadron, 4th Cavalry Division, 25th Infantry Division. His principal duty and duty MOS are not recorded on his DA Form 20 (Enlisted Qualification Record).

7. On 11 March 1969, the applicant was assigned to Company F, 75th Infantry
(Rangers) (Long Range Infantry Reconnaissance Patrol), 25th Infantry Division. His principal duty was senior scout observer and his duty MOS was 11B20.

8. On 1 July 1969, the applicant was assigned to Company B, 2nd Battalion, 22nd Infantry, 25th Infantry Division. His principal duty was senior scout observer and his duty MOS was 11B20.

9. On 17 September 1969, the applicant departed Vietnam and returned to the United States. On 3 October 1969, he was assigned to Fort Hamilton, New York, for duty as a military policeman. He was honorably released from active duty on


28 April 1970. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, the Sharpshooter Badge (Rifle), and two overseas service bars.

10. The applicant's records contain Headquarters, Fort Hamilton, Brooklyn, New York, Special Orders Number 52, dated 16 March 1970, which show 95C20 as his primary MOS, 95B20 as his secondary MOS, and 11B20 as his additional MOS.

11. The applicant's records contain a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 22 May 2002, which corrects his DD Form 214 to show the Vietnam Service Medal w/4 bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

12. 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 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.

CONCLUSIONS:

1. The Board considered the applicant's request to correct his DD Form 214 to show the award of the CIB.

2. The Board noted that the applicant completed advanced training as a light weapons infantryman was awarded 11B MOS prior to being awarded his military policeman MOS. His records show he served in both MOSs 11B and 95B during his tenure in Vietnam.

3. The evidence of record shows that the applicant was assigned to an infantry unit. Considering his assignment with the 75th Infantry Rangers, 25th Infantry Division and the mission of the 75th Infantry (Rangers) (Long Range Infantry Reconnaissance Patrol) the Board concludes the applicant actively engaged in ground combat. Therefore, the Board determined that the applicant was entitled to award of the CIB in accordance with the governing regulation and he is entitled to correction of his records to show this badge.



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 amending the applicant's DD Form 214 to show the award of the CIB.

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR20030990459
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020520
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY Mr. Karl Schneider
ISSUES 1. 107.0111
2.
3.
4.
5.
6.


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