MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 8 April 2003
         DOCKET NUMBER: AR2002076566

         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Ms. Barbara J. Ellis		Member
Ms. Linda M. Barker		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: The applicant requests that Item 23 (Specialty Number and Title) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by replacing military occupational specialty (MOS) 63C20 (Wheel Vehicle Mechanic) with MOS 11B40 (Light Weapons Infantryman); and that he be issued the Combat Infantryman Badge (CIB) and any other pertinent awards.

APPLICANT STATES: In essence, that he always served in MOS 11B40; that the orders that assigned him to the 17th Cavalry in Vietnam show that he was assigned in MOS 11B40; and that he believes his DD Form 214 should be corrected to reflect such. He also served as both a vehicle mechanic and a records clerk and that he never received any formal training or on-the-job-training. He submits in support of his request a copy of his DD Form 214, a copy of his DA Form 20 (Enlisted Qualification Record), and a copy of his Post Camp and Station Equipment List showing his initial equipment issue included an M79 Grenade Launcher, a .45 caliber pistol and an M-16 rifle. He believes these items prove that he was not a clerk or a vehicle mechanic.

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

That he was inducted into the Army of the United States on 7 February 1966 and, upon the completion of basic training at Fort Hood, Texas, he was awarded MOS 11B10 (Automatic Rifleman) as his primary MOS on 16 June 1966.

On 17 November 1966, the applicant was promoted from pay grade E-3 to pay grade E-4. On 21 November 1966, Special Orders Number 325, Headquarters, 2nd Armored Division, Fort Hood, withdrew MOS 11B10 and awarded MOS 11B20.

On 20 January 1967, prior to the applicant's first permanent duty assignment, Special Orders Number 20, Headquarters, 2nd Armored Division, Fort Hood, withdrew MOS 11B20 as the applicant's primary MOS and awarded MOS 63C20 as his new primary MOS, while making MOS 11B20 his secondary MOS.

On 2 February 1967, Special Orders Number 33, Headquarters, 2nd Armored Division, Fort Hood, reassigned the applicant to 3rd Battalion, 17th Armored Squadron (Air), Fort Knox, Kentucky with a reporting date of 12 February 1967. He was reassigned against MOS 11B40.

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The applicant's DA Form 20 shows that, on 13 February 1967, he was assigned to C Troop, 3rd Squadron, 17th Artillery (Air Cavalry), Fort Knox, with duties and responsibilities as a wheel vehicle mechanic in MOS 63C and that he served in MOS 63C the entire time that he was there.

The applicant's DA Form 20 also shows that he was reassigned to Vietnam on or about 10 October 1967. On 28 October 1967, he was assigned to C Troop, 3rd Squadron, 17th Cavalry with duties as a vehicle records clerk, MOS 71B20 and that he performed the duties of a vehicle records clerk the entire time that he served in Vietnam.

On 29 January 1968, the applicant returned to the United States Army Personnel Center, Oakland, California, for out-processing. On 31 January 1968, he was honorably separated and transferred to the United States Army Reserve. The applicant's campaigns consist of the Tet Counteroffensive.

The applicant's DD Form 214 shows that he served 1 year, 11 months, and 24 days. Item 23 (Specialty Number and Title) is annotated "63C20 VH VEHC MECH." Item 24 (Decorations) shows that he is authorized to wear the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Marksmanship Qualification Badge (Rifle, M-14).

Both the applicant's DA Form 20 and his DD Form 214 (in Item 25, Education) show that he completed a 9-week Light Weapons Infantry Course in 1966 at Fort Hood and he was awarded MOS 11B. However, his DA Form 20 supports that MOS 11B was withdrawn and he was awarded MOS 63C20 as his primary MOS. There is no evidence available to indicate that he ever served in MOS 11B in combat in Vietnam.

Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade,

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regimental or smaller size. The Awards Branch of the Total Army Personnel Command has advised in similar cases that, during the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a BSS, 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. The applicant served during the Vietnam Counteroffensive, Phase III and he is authorized one BSS which is not shown on his DD Form 214.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967-17 May 1968 by Department of the Army General Orders Number 21, dated 1969. The applicant's DD Form 214 does not show this award because it was issued after he had been released from active duty.

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. 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.

2. The applicant's DD Form 214 appropriately shows that in June 1966, he completed a 9-week light weapons infantryman course at Fort Hood and he was awarded MOS 11B. However, MOS was withdrawn and he was awarded MOS 63C as his primary MOS on 20 January 1967; this is the MOS in which he served in Vietnam. The applicant has provided no evidence to the contrary.

3. There is no evidence available to support that the applicant served in an infantry MOS in operations against enemy forces while assigned or attached to an infantry unit in Vietnam. The documents that the applicant provided do not sufficiently support his claim. He is not entitled to a CIB.

4. The applicant is entitled to have his DD Form 214 administratively corrected to show that he was awarded one BSS for wear on the VSM for his service between 10 October 1967 and 29 January 1968, and that he received the Vietnam Gallantry Cross with Palm Unit Citation.

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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: Request that the Army Review Boards Agency, Support Division, St. Louis furnish the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Item 24 that he was awarded one BSS for wear on his VSM, and the Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__rjw___ __bje___ __lmb___ DENY APPLICATION

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

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INDEX

CASE ID	AR2002076566
SUFFIX
RECON
DATE BOARDED	20030408
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	19680131
DISCHARGE AUTHORITY	AR635-200, Chap 5
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	100.0500
2.	107.0095
3.
4.
5.
6.