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ARMY | BCMR | CY2005 | 20050002326C070206
Original file (20050002326C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 OCTOBER 2005
      DOCKET NUMBER:  AR20050002326


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. Carmen Duncan                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to reflect the
number of Purple Hearts that he was given, award of the Combat Infantryman
Badge, and recognition of combat duty in specialty 19D (Armor) as having
been his only combat duty.

2.  The applicant states, in effect, that he received at least three awards
of the Purple Heart and cites a copy of orders indicating award of the
second oak leaf cluster.  He states he served in combat as
armor/infantryman for at least 9 months of his 12 month tour of duty.  He
states that not only did he perform duties as a machine gunner and driver
of an M113 APC (armored personnel carrier) he was licensed for an 11 ton
APC and at times drove a 52 ton Sheridan tank if needed.

3.  He states that he has thought about nothing since 1970 but the
assumption of others who look at his separation document is that he had a
non-combat role.  He states he is ashamed to present his separation
document to any organization and states that he was a Soldier.

4.  The applicant provides copies of documents associated with his awards
of the Purple Heart which he had in his possession, copies of a certificate
noting he had earned his spurs as a cavalryman and statements from two
fellow Soldiers.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant enlisted and
entered active duty on 6 March 1967.  His enlistment contract notes that he
enlisted for airborne training.  He successfully completed basic combat
training and was subsequently assigned to Fort Huachuca, Arizona for
advanced individual training.

2.  On 9 May 1967, while at Fort Huachuca, the applicant waived his
enlistment contract for airborne training in favor of attending training in
specialty 26E (Airborne Sensor Specialist).

3.  There is no indication that the applicant ever completed training in
specialty 26E and by 4 January 1968 the applicant was assigned from the
Student Company at Fort Huachuca to the 2nd Battalion, 1st Brigade at that
same installation.  He completed a clerk course on 2 February 1968, a clerk
typist course on 1 March 1968 and was awarded specialty 71B (clerk typist).
 Effective
19 March 1968 he was assigned to Headquarters Company, United States Army
Combat Surveillance School/Training Center at Fort Huachuca as a clerk
typist.

4.  In July 1968 orders were issued reassigning the applicant for Fort
Huachuca to a replacement detachment at Fort Lewis for further assignment
to Vietnam.  His primary specialty on those orders was recorded as 71B20.

5.  By 8 September 1968 he was assigned to Headquarters and Headquarters
Troop, 1st Squadron, 1st Cavalry.  His primary specialty on those
assignment orders was still 71B.  However, item 38 (record of assignments)
on his Department of the Army Form 20 (Enlisted Qualification Record)
contains a penciled entry replacing his typed duty MOS (military
occupational specialty) of 71B20 with a duty MOS of 11E and a handwritten
principal duty title of "tank armored" over the typed entry of clerk
typist.

6.  Effective 11 November 1968 the applicant was promoted to pay grade E-4
in MOS 11B20 (infantry).

7.  By 30 January 1969 he was reassigned to A Troop, 1st Squadron, 1st
Cavalry and his duty MOS in item 38 was recorded as 71B, but the "7" has
been lined through and replaced with a "1" making the duty MOS appear as
11B.  The principal duty in that same item contained a typed entry of clerk
typist which was lined through with a handwritten entry of APC (11D20).
During the Vietnam era specialty 11D was an Armor Reconnaissance
Specialist.  In recent years MOS 11D was replaced with a 19 CMF (career
management field) MOS.

8.  A Western Union telegram confirms the applicant was wounded as a result
of hostile action 23 February 1969 when he sustained a fragment wound to
his right arm when his unit came under a hostile mortar attack.  There is
no evidence in available records that he was awarded the Purple Heart for
this wound.

9.  On 26 March 1969 the applicant was wounded again.  Orders issued by the
312th Evacuation Hospital confirm his award of the Purple Heart.  That
order indicates the award was a second oak leaf cluster.

10.  On 29 April 1969 the applicant was wounded a third time.  Orders
confirming his award of the Purple Heart for that wound were published on
25 May 1969 and again on 19 July 1969 by the Americal Division.  The 19
July order also indicates the 29 April 1969 was the applicant's second oak
leaf cluster.



11.  Effective 26 May 1969, according to orders contained in the
applicant's file, his primary specialty of 11B was replaced and he was
again awarded the primary specialty of 71B.

12.  Item 38 on his Department of the Army Form 20 indicates that effective

29 May 1969 his principal duty was 11B with a duty title of RTO (radio
telephone operator) and that he was then assigned to Headquarters and
Headquarters Company, 1st Battalion, 46th Infantry.

13.  Orders reassigning the applicant from the 46th Infantry to the 23rd
Administration Company of the Americal Division in July 1969 show the
applicant's MOS as 71B20.  However, the "7" has been lined through and
replaced with a handwritten "1" making his MOS appear as 11B vice 71B.
Item 38 on his Department of the Army Form 20 indicates he performed duties
in specialty 57A (duty Soldier) while at the 23rd Administration Company.

14.  Following the applicant's departure from Vietnam in August 1969, he
was assigned to Fort Leonard Wood, Missouri.  Two of the three orders
issued while in Vietnam which dealt with his reassignment to Fort Leonard
Wood contain the same typed specialty of 71B where the "7" was again
replaced by a hand written "1" making the MOS appear as 11B vice 71B.  The
third order reflected the typed MOS of 11B.

15.  Upon arrival at Fort Leonard Wood the applicant was assigned duties in
MOS 64B (heavy vehicle driver).

16.   The applicant was released from active duty on 22 January 1970 in
order to return to school.  His separation document indicates his MOS at
the time of his separation was 71B (clerk typist).  His separation document
reflects award of the Purple Heart but not the Combat Infantryman Badge.

17.  Included with the applicant's application was a certificate noting the
applicant had been award his "spurs" on 28 March 1969 according to the
customs and usage of the United States Cavalry.  His Operator's
Identification Card does confirm he was qualified to operate APCs.

18.  One of the statements provided in support of the applicant's petition
merely notes the applicant was a "true hero and a true cavalryman" but
makes no additional comments about the applicant's duty assignments.



19.  The other statement submitted in support of the applicant's petition
to this Board was authored in January 2005 by an individual who identifies
himself as a platoon leader with A Troop, First Squadron, First Cavalry and
notes he took over the third platoon between Christmas of 1968 and New
Years Day 1969.  He states the applicant was a member of that platoon.  He
states the applicant was employed in mounted operations on an Armored
Cavalry Assault Vehicle as a driver, machine gunner and track commander.
In dismounted operations he stated the applicant served as a scout and/or
infantryman.  The former platoon officer also indicated that he had
recommended the applicant for award of the Bronze Star Medal but it was
lost somewhere in the administrative void.

20.  Although the applicant did not indicate he was seeking award of the
Bronze Star Medal he should be advised that his records do not contain any
indication that he was recommended for, or awarded the Bronze Star Medal.
If he wishes to pursue award of the Bronze Star Medal he may do so under
the provision of Section 1130 of Title 10, United States Code.  He has been
notified by separate correspondence regarding submission of a
recommendation for award of the Bronze Star Medal under this provision of
law.  As a result, award of the Bronze Star Medal is not discussed further
in these Proceedings.

21.  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 military
occupational specialty (MOS).  They must have served in active ground
combat while assigned or attached to an infantry/cavalry unit of brigade,
regimental or smaller size.  The Awards Branch of the U.S. Army Human
Resources Command (formerly known as 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.

22.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the would have been credited
with participating in four designated campaigns (Vietnam Counteroffensive
Phases V and VI, TET 69 Counteroffensive, and Vietnam Summer-Fall 1969)
during the applicant’s period of assignment.  Four bronze service stars on
the Vietnam Service Medal, which is recorded on his separation document,
should reflect his campaign participation.  The 1st Squadron, 1st Cavalry
was also awarded a Valorous Unit during the applicant's tenure with that
organization.  The unit award was omitted from his separation document.


23.  Department of the Army Pamphlet 672-3 provides, in pertinent part, for
award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm to
all individuals who served in Vietnam between 20 July 1965 and 28 March
1973 in a unit which was subordinate to Headquarters, United States Army
Vietnam.  The applicant’s units were such units.

DISCUSSION AND CONCLUSIONS:

1.  While orders awarding the applicant the Purple Heart are confusing, the
evidence available to the Board confirms he was wounded on three separation
occasions; 23 February 1969, 26 March 1969, and 29 April 1969.  His records
should be corrected accordingly.

2.  The applicant's records indicate that he held an infantry specialty
from November 1968 when he was promoted to pay grade E-4 and May 1969 when
his infantry specialty was removed and replaced by MOS 71B, which he held
at the time of his separation from active duty.  It is unclear why the
applicant argues that he should be entitled to award of the Combat
Infantryman Badge because he performed armor duties.  The evidence confirms
the applicant did hold an infantry specialty, was assigned to a cavalry
unit, was wounded as a result of hostile actions, and the statement from
his former platoon leader confirms that he did perform infantry duties.
Based on that information alone he met the requirements for award of the
Combat Infantryman Badge.  Performance of armor duties in an armor
specialty would not meet eligibility requirements for award of the Combat
Infantryman Badge.

3.  While the applicant's statement from his former platoon leader and hand
written entries on his Department of the Army Form 20 suggest that he did
perform duties in an armor specialty, there is no evidence he was ever
awarded an armor MOS and as such no basis to correct his records, and in
particular his separation document, to reflect combat duty in MOS 19D.  MOS
19D was not in the Army's inventory during the Vietnam era.  The
applicant's combat participation is adequately reflected by his award of
the Purple Heart and an award of the Combat Infantryman Badge.  His MOS of
71B, which he held at the time of his separation from active duty, is
appropriately recorded on his separation document.

4.  The evidence also confirms that the applicant is entitled to four
bronze service stars on his Vietnam Service Medal and a Republic of Vietnam
Gallantry Cross Unit Citation with Palm.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MM__  __LB ___  ___CD __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected:

      a.  by showing that he is entitled to three awards of the Purple
Heart;


      b.  by awarding him the Combat Infantryman Badge; and


      c.  by showing that his is entitled to three bronze service stars on
his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
showing that he performed combat duties in an armor specialty and
specifically in specialty 19D which was not in the Army's inventory during
his period of military service.




                                  ______Mark Manning_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002326                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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