MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 14 November 2002
         DOCKET NUMBER: AR2002075055

         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. Arthur A. Omartian		Chairperson
Mr. John P. Infante		Member
Ms. Regan K. Smith		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: That his separation document be corrected to show his military occupational specialty (MOS) was 11B, infantryman. In addition, he should be awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal.

APPLICANT STATES: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) incorrectly reflects his MOS as 71B20. He contends that in Vietnam he served as an infantryman attached to a field artillery unit.

In support of his request, he submits three eyewitness statements and a copy of a Report of Investigation, Firing Incident on Nui Ba Ra, 27 April 1970. The Report of Investigation reported on an artillery shell fired on American soldiers causing casualties. The applicant is not named in the report. One eyewitness states that on several occasions in Vietnam he served with the applicant in battle zones and that it was always his understanding that the applicant was an infantryman serving with the 1^st Battalion 21^st Field Artillery. Another eyewitness states that he served briefly with the applicant in Vietnam and recalls the incident in which a artillery round hit and exploded on the mountain site where the applicant was positioned. The final eyewitness states he remembers running into the applicant in a combat situation during his time in Vietnam.

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

He entered the Regular Army on 30 November 1968, and was awarded MOS 11B, infantryman. On 28 April 1969, he was assigned as a 71H, Personnel Records Specialist to Headquarters and Headquarters Company, Medical Activity, and then assigned as a 70A10 (MOS 70A converted to 71B in 1971) Clerk, in Vietnam, from 17 November 1969 through 4 September 1970 assigned to Headquarters and Headquarters Battery, 1^st Battalion 21^st Artillery. He achieved the rank of specialist and was transferred to the US Army Reserve on 5 September 1970. His character of service was honorable. He had completed a total of 1 year, 9 months and 6 days of active service.

His DD Form 214, signed by the applicant, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal and the Air Medal. Neither the CIB nor Bronze Star Medal is listed as an authorized award. His MOS is reflected as 71B20, Clerk Typist.





His DA Form 20 (Enlisted Qualification Record), signed by the applicant, reflects the Expert Marksmanship Qualification Badge with Pistol Bar, which is not listed on his DD Form 214: Item 22 (MOS) indicates that on 18 April 1969, he was awarded MOS 11B, infantryman; on 3 June 1969, MOS 70A10, clerk; and on 15 September 1969, MOS 71H20, personnel records specialist. The Record of Assignments section of his DA Form 20 shows that during his assignment in Vietnam, he was assigned to a clerk position with the 1^st Cavalry Division.

On 5 March 1970, the applicant requested an early separation to attend college. On the request form he indicates that his MOS was 71H20 (Personnel Clerk).

Army Regulation 600-8-22 provides, in pertinent part, that the CIB 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.

The same regulation provides that the Bronze Service Star is based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized Bronze Service Stars will be worn on the appropriate service medal. In the applicant’s case, he is entitled to wear three Bronze Service Stars for participating in the Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive and the Vietnam Counteroffensive Phase VIII Campaigns.

The same regulation provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. Award of the Bronze Star Medal for acts of merit or meritorious service for a lesser degree than that required for the Legion of Merit must however must have been meritorious and accomplished with distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam. This document shows that at the time of the applicant’s assignment his unit, 1^st Battalion 21^st Field Artillery, was awarded the Valorous Unit Award for the period 1 May – 29 June 1970, by Department of the Army General Order 43, 1972; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969, by Department of the Army General Order 59, 1969; and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation for the period 1 January 1969 through 1 February 1970, by Department of the Army General Order 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 evidence of record shows the applicant was initially trained as an infantryman, but was later redesignated a clerk and finally a personnel records specialist. Further, his records reflect that his official duty MOS was clerk during his tenure in Vietnam, which does not mean that on some occasions the applicant may have been pressed into combat duty. The Board notes that the applicant signed his DA Form 20 and DD Form 214 which both clearly indicated that this duty MOS was clerk and that when he requested an early separation in 1970, he listed his MOS as personnel records specialist. The Board concludes from the records available and the documents submitted that the applicant's MOS was changed from infantryman to clerk prior to his tour in Vietnam and that he was placed in a clerk duty MOS during his tour in Vietnam. Therefore, there is no basis for changing his separation document to reflect his MOS as an infantryman.

2. The applicant was not assigned to an infantry unit, which is a prerequisite for award of the CIB. Therefore, there is no basis for changing his separation document to reflect the award.

3. The applicant's records contained no information nor did he provide any information concerning heroism or meritorious achievement or service to show he was entitled to award of the Bronze Star Medal. Therefore, there is no basis for changing his separation document to reflect the award.

4. Nonetheless, in reviewing his case it was noted that he is entitled to three Bronze Service Stars to be worn on his Vietnam Service Medal, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar. 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 issued him a correction to his separation document reflecting these awards.










5. 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 correct the records of the individual concerned by showing that he was awarded three Bronze Service Stars to be worn on his Vietnam Service Medal, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___aao __ ___rks __ ___jpi___ DENY APPLICATION

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

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INDEX

CASE ID	AR2002075055
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021114
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.	105.0500
2.
3.
4.
5.
6.