MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 27 November 2001
         DOCKET NUMBER: AR2001061263

         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Lester Echols		Member
Mr. John T. Meixell		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 DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and that his military occupational specialty (MOS) was 11B (infantry).

APPLICANT STATES: In effect, that he has two DD Forms 214 and that one discharge document should be corrected to show that he was awarded the Combat Infantryman Badge and that his MOS was 11B. In support of his application, he submits two copies of a DD Form 214 with an effective date of
23 January 1969; a VA Form 21-4138 (Statement in Support of Claim), dated
19 January 2001; and page four of a DA Form 20 (Enlisted Qualification Record).

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

The applicant was inducted on 24 January 1967. He served in Vietnam and was honorably released on 23 January 1969. The Board noted that item
30 (Remarks) on the applicant’s DD Form 214 states that he was “separated from service on temporary records”.

The applicant’s DD Form 214, copies of which are contained in his personnel records [hereafter identified as Version #1], does not show the Combat Infantryman Badge as an authorized award. Item 23a (Specialty Number & Title) on this DD Form 214 shows the entry “36K20 Field Wireman”.

The applicant’s records show that he was awarded MOS 11B10 (infantry) on
29 March 1967. His DA Form 20 shows that he served in Vietnam from 25 July 1967 to 30 November 1967, a total of 4 months and 5 days. However, there is no evidence that the applicant served in an infantry position in an infantry unit in combat during his assignment in Vietnam. There also are no orders for the Combat Infantryman Badge in the available records. Item 41 (Awards and Decorations) on his DA Form 20, which is contained in his service personnel records, does not show entitlement to the Combat Infantryman Badge.

Headquarters 6th Infantry Division Special Orders Number 20, dated 1 February 1968, show the applicant was awarded primary MOS 36K20 (field wireman) and secondary MOS 11B20. Primary MOS 11B10 was withdrawn.

Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on Version #1 of the DD Form 214 contained in the applicant’s service personnel records shows the entries “NATIONAL DEFENSE SERVICE MEDAL, VIETNAM SERVICE MEDAL, MARKSMAN BADGE (M-16), EXPERT BADGE”. Version #1 of the DD Form 214 shows the applicant served 4 months and 5 days of foreign and/or sea service in Vietnam.


The applicant provided a copy of a DD Form 214 [hereafter referred to as Version #2] which shows the entries “NATIONAL DEFENSE SERVICE METAL, VEITNAM SERVICE METAL, COMBAT INFANTRYMAN BADGE, EXPERT BADGE” in item 24. Version #2 of the DD Form 214 shows the applicant served 6 months and 5 days of foreign and/or sea service in Vietnam.

The applicant provided a statement in support of his claim, dated 19 January 2001, from a fellow soldier at the time in question. The soldier attests that the applicant held an infantry MOS and served in combat in Vietnam.

The applicant also provided a copy of page four of a DA Form 20 which shows the entry “CIB” [Combat Infantryman Badge] in item 41 (Awards and Decorations).

Army Regulation 600-8-22 (Military Awards) 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.

Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time provided, in pertinent part, that the primary military occupational specialty code number and title be entered in item 23a (Primary Specialty and Title) on the DD Form 214.

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. The Board considered the applicant’s contention that he has two DD Forms 214 and that one discharge document should be corrected to show the Combat Infantryman Badge and that his MOS was 11B.

2. The Board reviewed Version #1 of the DD Form 214 provided by the applicant. Copies of this DD Form 214 are filed in the applicant’s service personnel records. This DD Form 214 does not show the Combat Infantryman Badge as an authorized award and shows that he served 4 months and 5 days of foreign and/or sea service in Vietnam.



3. The Board reviewed Version #2 of the DD Form 214 provided by the applicant which shows the entries “NATIONAL DEFENSE SERVICE METAL, VEITNAM SERVICE METAL, COMBAT INFANTRYMAN BADGE, EXPERT BADGE” in item 24. The Board noted that Version #2 of the discharge document also shows that he served 6 months and 5 days of foreign and/or sea service in Vietnam. Further, the Board noted that there is no original or copy of Version #2 of the DD Form 214 in the applicant’s service personnel records.     

4. Based on the foregoing facts, the Board determined that Version #2 of the DD Form 214 provided by the applicant, is an altered document and is, therefore, not a valid record.

5. The Board also determined that the entry “CIB” shown in item 41 (Awards and Decorations) on page 4 of the DA Form 20 provided by the applicant is not a valid entry and that this copy of the DA Form 20 is an altered version of the DA Form 20 contained in his service personnel records.

6. Evidence of record shows the applicant served in an infantry MOS during his 4-month assignment in Vietnam. However, there is no evidence the applicant was awarded the Combat Infantryman Badge. There also is no evidence of record which shows he engaged in active ground combat or that he was personally under hostile fire. Therefore, the applicant is not entitled to correction of his military records to show award of the Combat Infantryman Badge.

7. Evidence of record shows that the applicant was awarded primary MOS 36K20 (field wireman) on 1 February 1968. Therefore, the applicant’s MOS is correct as currently constituted in item 23a (Specialty Number & Title) on his DD Form 214.

8. 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.

9. 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

AAO____ LE______ JTM_____ DENY APPLICATION

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

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INDEX

CASE ID	AR2001061263
SUFFIX
RECON
DATE BOARDED	20011127
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.	100.0500
3.
4.
5.
6.