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ARMY | BCMR | CY2002 | 2002074594C070403
Original file (2002074594C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 8 October 2002
         DOCKET NUMBER: AR2002074594

         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. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

Mr. Melvin H. Meyer Chairperson
Ms. Jennifer L. Prater Member
Mr. James E. Anderholm 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)


APPLICANT REQUESTS: Correction of his separation document to reflect that his specialty was 11B, infantryman.

APPLICANT STATES: That he was trained as an infantryman, he only did infantryman related work and was in combat, in Vietnam. He alleges that a records clerk changed his specialty on his separation document without his permission.

The applicant submits no evidence in support of his application.

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

He entered the Regular Army on 30 June 1970. He was trained as an 11B, infantryman, and achieved the rank of specialist. He served in Vietnam from 28 March 1971 through 12 February 1972, while assigned to Company A, 75th Support Battalion, 1st Brigade, 5th Division. On 13 February 1972, he was transferred to the US Army Reserve; his character of service was honorable. He had completed a total of 1 year, 7 months and 14 days of creditable active service. His separation document shows lost time for the period 11 through 18 March 1971.

His DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge), which has been signed by the applicant, indicates in item 23 (Specialty Number & Title), that his military occupational specialty (MOS) was 71B20, clerk typist. Item 25 (Education and Training Completed) indicates that he completed light weapons infantryman training at Fort Polk, Louisiana.

His DD Form 214 also reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 Stars, and the Vietnam Campaign Medal with 60 Device.

His DA Form 20 (Enlisted Qualification Record), which has been signed by the applicant reflects that he was assigned in duty MOS 71B20, clerk typist, during his assignment in Vietnam.

His records reflect that the applicant qualified expert with the .45 caliber pistol and sharpshooter with the M-16 rifle and the M-60 machine gun. These badges are not reflected on his DD Form 214.







On 25 July 1971, Headquarters, 1st Infantry Brigade, 5th Infantry Division issued Unit Orders Number 206 promoting the applicant to the rank of specialist four in MOS 71B20.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, that during his assignment to the 75th Support Battalion, 1st Brigade, 5th Division, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971, by Department of the Army General Orders 42, 1972.

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 applicant contends that while in Vietnam he only served as an infantryman, that he was in combat and implies that a personnel clerk incorrectly reflected on his records that he was a clerk typist. The applicant submitted no information or evidence to support his contention. The evidence of record reflects that the he was trained as an infantryman, but was awarded a clerk typist MOS and served in a clerk typist duty position during his tenure in Vietnam. It is noted that the applicant by his signature confirmed that the information reflected on his DA Form 20 and DD Form 214 was accurate. Therefore, without evidence to the contrary his DD Form 214 requires no correction.

2. Nonetheless, in reviewing his case it was noted that he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Pistol Bar and the Sharpshooter Marksmanship Qualification Badge with Machine Gun and Rifle Bars. He is also entitled to a correction of his records to show these awards. Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to administratively issued him a correction to his separation document reflecting these awards.

3. 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.







NOTE:
The Army Review Boards Agency Support Division, St. Louis, is requested to administratively correct the records of the individual concerned by showing that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Pistol Bar and the Sharpshooter Marksmanship Qualification Badge with Machine Gun and Rifle Bars.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__mhm___ __jea___ ___jlp___ DENY APPLICATION



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




INDEX

CASE ID AR AR2002074594
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021008
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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