MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 April 2001
         DOCKET NUMBER: AR2001052408

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. John H. Kern		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Margaret V. Thompson		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: Correction of his records to show a light infantry military occupational specialty (MOS) and award of the Combat Infantryman Badge.

APPLICANT STATES: That because of a break in service in 1963 there is no record that he held an infantry MOS. He states that he was accepted into the Long Range Reconnaissance Patrol unit of the 11th Armored Cavalry Regiment, but was medically evacuated from Vietnam to Japan on 6 February 1968 before he was reassigned to that unit.

In his letter of explanation the applicant states that he had to complete patrols and ambushes before he could receive a letter of acceptance to join the Long Range Reconnaissance Patrol unit of the 11th Armored Cavalry Regiment. He contends that while he was waiting for his reassignment, he participated in a number of battles and one ambush. He states that as a repair parts expediter in support of the 2d Squadron of the 11th Armored Cavalry Regiment, he fought at the U.S. Marine Corps base at Khe Sanh in January 1968. He states that he was evacuated from Vietnam on 6 February 1968 for “jungle rot”. He contends that the Department of Veterans Affairs (DVA) will not give him service connected disability for PTSD because he has no record of medals for heroism, a Purple Heart or a Combat Infantryman Badge.

In support of his application, the applicant submitted a copy of DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 March 1981; a copy of Fort Ord (California) Special Orders Number 190, dated 2 August 1960; a copy of 101st Airborne Division Special Orders Number 10, dated 12 January 1961; a copy of 101st Airborne Division Special Orders Number 13, dated 16 January 1961; a copy of an undated letter accepting the applicant for assignment into the Long Range Reconnaissance Patrol of the 11th Armored Cavalry Regiment; a copy of a 16 October 1967 Request for Reassignment by the applicant from the 551st Light Maintenance Company to the Long Range Reconnaissance Patrol of the 11th Armored Cavalry Regiment; a copy of 29th General Support Group Special Orders Number 203, dated 28 September 1967, assigning the applicant as a repair parts expediter in the 551st Light Maintenance Company; a copy of a 26 April 2000 DVA Rating Decision; a copy of a 11 July 2000 DVA Rating Decision; and a 10 January 2001 letter of explanation.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant entered active duty on 15 June 1960 and was discharged on
13 June 1963. He reentered active duty in August 1963 and completed over
20 years of active Federal service. He was separated from active duty on
31 March 1981 in pay grade E-7 and placed on the Retired List on 1 April 1981.

The applicant’s retirement DD Form 214 shows in item 11 (Primary Specialty, Number, Title, Years and Months in Specialty) that he served in MOS 76D40 (Stock Control) for 12 years and in MOS 76Y40 for nine years.

Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized badge.

The applicant’s service personnel records do not contain any orders or other evidence the applicant served in an infantry MOS in Vietnam, served in an infantry unit in Vietnam, or was awarded the Combat Infantryman Badge.

Fort Ord (California) Special Orders Number 190, dated 2 August 1960, show the applicant was assigned for advanced individual training in MOS 111 (infantry).

101st Airborne Division Special Orders Number 10, dated 12 January 1961, show the applicant was released from Company B, 1st Airborne Battle Group in MOS 111 (infantry) and parachute duty and reassigned to the 101st Airborne Division Replacement Detachment effective 12 January 1960.

101st Airborne Division Special Orders Number 13, dated 16 January 1961, show the applicant was reassigned from the 101st Airborne Division Replacement Detachment and assigned to the 504th Quartermaster Company (Field Maintenance, Direct Support) for training in MOS 764.10 (Quartermaster Supply Specialist).

The applicant’s DD Form 214 with an effective date of 14 June 1963 shows in item 25a (Specialty Number and Title) that he was discharged in MOS 764.10 (Quartermaster Supply Specialist). The applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant reenlisted on 21 August 1963 as a General Supply Specialist and served in that MOS or as a Unit Supply Specialist or Stock Control and Accounting Specialist throughout the remainder of his service.

The applicant provided a copy of 29th General Support Group Special Orders Number 203, dated 28 September 1967, which assigned the applicant as a repair parts expediter in the 551st Light Maintenance Company.

The applicant also provided a copy of a DA Form 1049 (Personnel Action) which shows that his MOS in Vietnam was 76P20 (Repair Parts Specialist) and that he had requested transfer to the Long Range Reconnaissance Patrol of the 11th Armored Cavalry Regiment. However, there are no orders assigning him to the Long Range Reconnaissance Patrol of the 11th Armored Cavalry Regiment or awarding him an infantry MOS.

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.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. Although the applicant completed basic and advanced individual training in an infantry MOS in 1960, he was assigned on 18 January 1961 to the 504th Quartermaster Company (Field Maintenance, Direct Support) for training in MOS 764.10 (Quartermaster Supply Specialist).

2. The applicant’s DD Form 214 with an effective date of 14 June 1963 shows he was discharged in MOS 764.10 (Quartermaster Supply Specialist).

3. The applicant’s records show that he served in a supply-related specialties throughout the remainder of his service until retirement.

4. There is no evidence that the applicant was awarded an infantry MOS during his service in Vietnam or that he served in an infantry position in an infantry unit in Vietnam.

5. Based on the foregoing, the applicant is not entitled to correction of his DD Form 214 with an effective date of 31 March 1981 to show service in an infantry MOS.

6. Further, in the absence of award of an infantry MOS and proof of assignment to an infantry duty position in an infantry unit in Vietnam, the applicant was not eligible for award of the Combat Infantryman Badge during his service in Vietnam. Therefore, the applicant is not entitled to correction of his records to show award of the Combat Infantryman Badge.

7. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

8. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__MVT__ __MHM__ __JHK__ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001052408
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010417
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY	MR CHUN
ISSUES 1.	107.0111.0000
2.
3.
4.
5.
6.