PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               10 November 1998
	DOCKET NUMBER:       AC98-09165

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Irene E. Wheelwright		Member	
	Ms. Margaret K. Patterson		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Combat Infantryman Badge (CIB) and correction of his records to show his military occupational specialty (MOS) as 11B (light weapons infantryman).

3.  The applicant states that his MOS is wrong and that his CIB is not listed.  In support of his application, he submits a copy of the unit morning report showing that he was assigned to an infantry unit as an infantryman in Vietnam.

4.  The applicant’s military records show that he was inducted on 4 March 1969.  He completed training as an infantryman.  Hs served in Germany and then in Vietnam.  On 19 March 1971, the applicant was retired and placed on the Temporary Disability Retired List.

5.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the CIB as an authorized award and shows his MOS as 71B20 (clerk typist).  The Board notes he is entitled to the Vietnam Cross of Gallantry with Palm Unit Citation which is not shown on his DD Form 214.

6.  The applicant’s personnel records show that upon completion of advanced individual training he was awarded MOS 11B.  He was promoted in MOS 71B (clerk typist) while assigned in Germany.  However, upon arrival in Vietnam, the applicant was assigned as an infantryman by U.S. Army Vietnam Transient Detachment Special Orders Number 241, dated 29 August 1970, to the 4th Infantry Division.  Subsequently, he was assigned to Company B, 1st Battalion, 22 Infantry of that division. 

7.  The applicant’s DA Form DA Form 20 (Enlisted Qualification Record) shows that he was assigned in an infantry duty position in an infantry company in Vietnam from 12 September 1970 until 21 October 1970.  

8.  Army Regulation 600-8-22 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.

9.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 4 will list the soldier’s department, component and branch and that item 23a will list the soldier’s specialty number and title.
CONCLUSIONS:

1.  The applicant completed advanced individual training and was awarded MOS 11B (light weapons infantryman.  Therefore, he is entitled to correction of his DD Form 214 to show “INF” instead of “AGC” in item 4, to show “11B20 Light Weapons Infantryman” in item 23a and to delete the entry in item 23b.

2.  The applicant served in an infantry duty position in an infantry unit in combat during his assignment in Vietnam; therefore, he is entitled to award of the Combat Infantryman Badge.

3.  The applicant was award the Vietnam Cross of Gallantry with Palm Unit Citation Badge; therefore, he is entitled to correction of his records to show this award.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

	a.  by showing the entry “INF” instead of “AGC” in item 4, by showing “11B20 Light Weapons Infantryman” in item 23a, and by deleting the entry in item 23b of the DD Form 214 of the individual concerned; and 

b.  by showing he was awarded the CIB and the Vietnam Cross of Gallantry with Palm Unit Citation.

BOARD VOTE:  

CMF________  IEW________  MKP________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON