PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:          16 May 2000 
	DOCKET NUMBER:  AR1999030634

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		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 Item 12 (Last Duty Assignment and Major Command) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected by deleting Company D, 2d Battalion, 
1st Infantry, 186th Brigade and by adding Company D, 2d Battalion, 1st Infantry, 196th Brigade.  He also requests that his DD Form 214 be corrected to show that he was awarded the Combat Infantryman Badge (CIB).

3.  The applicant states that he received orders that show he is entitled to receive the CIB.  However, it was not added to his DD Form 214.  In support of his request he submits Special Orders from the unit showing award of the CIB.

4.  The applicant’s military records show he was inducted into the Army of the United States on 5 May 1969 and he completed basic and advanced individual training and was awarded MOS 11E (Armor Crewman). 

5.  On 4 October 1970, the applicant was assigned to the Republic of Vietnam (RVN).  DA Form 137 (Installation Clearance Record) shows that he was assigned to Company D, 2d Battalion, 1st Infantry, 196th Infantry Brigade.  

6.  Item 38 of the applicant’s DA Form 20 (Enlisted Qualification Record), shows that he served with Company D, 2d Battalion, 1st Infantry, 186th Infantry Brigade) from 18 October 1970 through 23 April 1971.  While assigned to this unit he served in MOS 11B (Automatic Rifleman).  He returned to the United States and he was honorably discharged on 29 April 1971.  His unit of assignment was shown on the DD Form 214 as Company D, 2d Battalion, 1st Infantry, 186th Infantry Brigade.

7.  The Unit Citation and Campaign Participation Credit Register shows that the 
196th Infantry served in the RVN during the period in which the applicant served.  However, it does not show that the 186th Infantry Brigade was in the area at this particular time.  

8.  Special Orders Number 329, issued by Headquarters, 23 Infantry Division, 
APO San Francisco, dated 25 November 1970 shows that the applicant was awarded the CIB and his unit of assignment was shown as the 2nd Battalion 
1st Infantry.

9.  However, the applicant’s DD Form 214 does not show the CIB.

CONCLUSIONS:

1.  The evidence of record and other information available to the Board show that he was assigned to the 196th Infantry Brigade rather than the 186th Infantry Brigade while in the RVN.  

2.  Military orders were issued on 25 November 1970, awarding the applicant the CIB.  

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 and his DD Form 214 be corrected by issuing to the individual concerned a DD Form 
215 (Correction to DD Form 214) which shows:

a.	that his correct organization while assigned to the RVN was Company D, 
2d Battalion, 1st Infantry, 196th Infantry Brigade; and 

b.	that the individual concerned was awarded the CIB.

BOARD VOTE:

__aao___  __vbc___  __le ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__ARTHUR A. OMARTIAN___
		        CHAIRPERSON

INDEX

CASE ID	AR199030634	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000516	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19712904	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration Term of Service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	A107.0111	
2.		
3.		
4.		
5.		
6.