PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            12 August 1999    
	DOCKET NUMBER:   AR1999021482

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr.  James M. Alward		Member	
	Ms. Meta Waller		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 that his DD Form 214 be corrected to show that he was a mortar man (heavy weapons infantryman), MOS (military occupational specialty) 11C.  He also requests award of the Combat Infantryman Badge (CIB) and the Bronze Star Medal.

3.  The applicant states that he was an engineer when he went to Vietnam; however, at that time his unit did not need engineers, but mortar men, so they trained himself and another soldier on the operation of the 81mm mortar.  He worked with an infantry company, Company C of the 1st Battalion, 14th Infantry.  They requested that their MOS be changed to no avail.  He patrolled by day and fired the mortar at night.  He was supposed to get the Bronze Star Medal for his actions during an engagement, but did not.  He was also supposed to receive the CIB and other awards.

4.  The applicant submits with his request a copy of a letter from an individual who stated that he served with the applicant from basic training until they returned from Vietnam.  He said they went through training as tractor operators and served in Vietnam from April 1969 to March 1970.  They were taken from their jobs as wheel tractor operators and trained on the 81mm mortar, and sent to various locations in the central highlands.  They came under all kinds of fire while there. 

5.  The applicant submits a copy of a letter from another individual, who also stated that he and the applicant were 81mm mortar men during their tour in Vietnam.

6.  The applicant’s military records show that he enlisted in the Army for three years on 15 October 1968, completed basic training and was assigned to Fort Leonard Wood, Missouri for training as a tractor operator.  He completed the wheeled tractor operators course, and in April 1969 was assigned to Company D, 815th Engineer Battalion, in Vietnam as a tractor operator, MOS 62E20, and later as a motor scraper operator, MOS 62L20, with that same unit.  He was promoted to pay grade E-4 on 18 August 1969.  His MOS shown on that promotion order is 62L20.  He served in three campaigns, completed his tour in Vietnam, and in May 1970 was assigned to an engineer battalion in Germany.  In September 1971 he was transferred to Fort Dix, New Jersey for separation processing.  His clearance record shows that his conduct and efficiency were excellent.  The applicant was released from active duty on 5 October 1971 at Fort Dix, New Jersey.  He had 2 years, 11 months, and 21 days of service.  His DD Form 214 shows his MOS as 62L20.  His enlisted qualification record shows that he was awarded that MOS on 7 March 1969.  That record does not show award of any other MOS, and does not show that he served as a mortar man during his service in the Army.  It does show award of the Expert Qualification Badge with hand grenade bar, which is verified by orders in his records.  That award is not shown on his DD Form 214.  His DD Form 214 does not show award of the CIB or the Bronze Star Medal.  

7.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. 

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The primary requirement for award of this, or any decoration, is that a formal recommendation must be prepared and administratively entered into official military channels by someone having witnessed or with knowledge of the act, achievement, or service to be honored.

9.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity
during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the
termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  Notwithstanding the applicant’s contentions and the statements that he has submitted, he has provided no evidence that he, in fact, served as a 11C, heavy weapons infantryman, i.e., mortar man.  His record clearly shows that he was assigned to an engineer battalion during his Vietnam tour, and that his duty was in MOS 62E20 and 62L20.  There is nothing in his records to show assignment or attachment or duty with an infantry battalion.  Therefore, his request to change his MOS on his DD Form 214 is not granted.  

2.  Consequently, because there is no evidence that the applicant served as an infantryman with an infantry unit, he is not entitled to award of the CIB. 

3.  The applicant was not awarded the Bronze Star Medal, nor does his record contain any recommendation for that award.  He is not entitled to award of the Bronze Star Medal.
4.  The applicant served his country faithfully and honorably during his military service.  He is entitled to award of the Army Good Conduct Medal.

5.  He served in three campaigns during the Vietnam conflict and is therefore entitled to award of the Vietnam Service Medal with three bronze service stars.  He is also entitled to award of the Republic of Vietnam Campaign Medal.

6.  The applicant was awarded the Expert Qualification Badge with grenade bar.  That award should be shown on his DD Form 214. 

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Army Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal, and the Expert Qualification Badge with grenade bar. 

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

___rvo__  __jma___  __mw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999021482	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990812	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2.		
3.		
4.		
5.		
6.