RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 NOVEMBER 2006
DOCKET NUMBER: AR20060002457
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. Rene' R. Parker | |Analyst |
The following members, a quorum, were present:
| |Mr. Thomas Pagan | |Chairperson |
| |Mr. Peter Fisher | |Member |
| |Ms. LaVerne Douglas | |Member |
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his request for award of the
Combat Infantryman Badge.
2. The applicant differs to counsel.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests that the applicant's petition for award of the Combat
Infantryman Badge be reconsidered.
2. Counsel states that while the applicant's separation document may not
reflect a military specialty in item 5 (specialty number or symbol), item
28 (most significant assignment) does reflect a specialty of 1745. Counsel
notes that specialty 1745 identified an individual as a light weapons
infantry leader and believes the omission in item 5 was merely an error by
a unit clerk.
3. Counsel provides an extract of Field Manning 21-13 which shows that MOS
(military occupational specialty) code 1745 was used to identify a light
weapons infantry leader.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20050003210 on 14 December 2005.
2. The statement from counsel is considered a new argument which warrants
consideration by the Board.
3. The applicant's separation document indicates that orders issued by the
5th Cavalry Regiment confirmed his award of the Purple Heart for wounds
sustained on 7 October 1951. As noted in the statement from counsel, the
applicant's separation document does confirm that his most significant
assignment was with the 5th Cavalry and the entry in item 28 of MOS code
1745 suggests that may have been the applicant's duty while a member of the
unit.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's military specialty is not recorded in item 5
on his 1953 separation document, it is reasonable to conclude that he held
an infantry specialty considering he was assigned to an infantry element,
his branch was recorded as infantry, and the infantry specialty is
reflected as part of his most significant assignment.
2. The fact that the applicant was awarded the Purple Heart confirms his
participation in ground combat.
3. In view of the foregoing, it would be appropriate in this instance to
defer to the applicant and conclude that an award of the Combat Infantryman
Badge would be equitable and just.
BOARD VOTE:
___TP___ ___PF __ ___LD___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
amendment of the ABCMR’s decision in Docket Number AR20050003210, dated 14
December 2005. As a result, the Board recommends that all Department of
the Army records of the individual concerned be corrected by awarding him
the Combat Infantryman Badge.
_____Thomas Pagan________
CHAIRPERSON
INDEX
|CASE ID |AR20060002457 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061121 |
|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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