PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           13 March 2001                   
	DOCKET NUMBER:   AR2000047992

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. John T. Meixell		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 in effect, that his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Combat Infantryman Badge.

3.  The applicant states in effect, that he was applying for disability compensation and he was told that the award was not on his DD Form 214.  The applicant submits a copy of his DD Form 214 in support of his application.

4.  The applicant’s military records show that on 14 May 1970, he was inducted in the Army for 2 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B10 
(Light Weapons Infantryman).  

5.  He was assigned to the Republic of Vietnam in December 1970, with Company D, 2nd Battalion, (Airmobile), 506th Infantry Division, 101st Airborne Division as a Rifleman. 

6.  General Orders #140, dated 20 May 1971, from the Commanding General, Headquarters, 101st Airborne Division, awarded the applicant the Combat Infantryman Badge.

7.  On 9 March 1973, the applicant was released from active duty and transferred to the U.S. Army Reserve.  He completed 1 year, 11 months and 29 days of active service.  His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Service Medal, 1 Overseas Service Bar, the Marksman Badge (Rifle M-16) and the Expert Badge (Machine Gun M-60).
It does not show the award of the Combat Infantryman Badge.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to Army infantry or special forces officers in the grade of colonel or below, or to Army enlisted soldiers or warrant officers with an infantry or special forces military occupational specialty who, subsequent to 
6 December 1941, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental or smaller size during any period such unit was engaged in active ground combat.  Battle participation credit alone is not sufficient.  The unit must have been in active ground combat with the enemy during the period.

9.  The Department of the Army Pamphlet 672-3 shows the 2nd Battalion, 
506th Infantry was awarded the Republic of Vietnam Gallantry Cross w/Palm for the period 1 March through 9 October 1971.

CONCLUSIONS:

1.  The evidence of record shows that the applicant met the eligibility criteria for award of the Combat Infantryman Badge.  General Orders #140, dated 20 May 1971 awarded the applicant the Combat Infantryman Badge.  Therefore, in accordance with the governing regulation, he was entitled to the Combat Infantryman Badge.

2.  The applicant was also assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm, making the applicant eligible to wear that award.

3.  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 
Combat Infantryman Badge and the Republic of Vietnam Gallantry Cross w/Palm.

BOARD VOTE:  

__jh____  __dph___  __jtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			June Hajjar
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000047992	
SUFFIX		
RECON		
DATE BOARDED	20010313	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0094	
3.		
4.		
5.		
6.