PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:           6 July 2000                   
	DOCKET NUMBER:   AR1999026904

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John P. Infante		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 include the Military Occupational Specialty (MOS) of 11E, tanker.  He requests that his record show award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He requests that his reenlistment code on his DD Form 214 be corrected.  In numerous correspondence to Department of Defense (DOD) and Department of the Army (DA) agencies, and the National Personnel Records Center, to include requests that he has made under the Freedom of Information Act, he has requested all his military records, to include enlistment documents, separation document, general and special orders showing the awards he received.  He has requested copies of documents awarding him the Combat Armor Badge, the Combat Infantryman Badge, and the Bronze Star Medal.      

3.  In effect, the applicant states that he was a combat tanker in Vietnam with a duty MOS of 11E20, and that MOS should be included on his DD Form 214.  He also states that the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation be included on that form.  He states that he never received the Army Commendation Medal and the Army Good Conduct Medal.  He states that he was taken out of the mail room and made a tank loader and driver.  He states that his Reenlistment (RE) Code is inaccurate and he was never told the reason for that code on his DD Form 214.  He was being accused and harassed by officers and personnel at Fort Bragg.  He states that the Expert Qualification Badge with rifle bar was not included on his DD Form 214.  

4.  The applicant’s military records show that he enlisted in the Army for three years on 15 April 1969, was trained as a clerk, and in September 1969 was assigned to Fort Benning, Georgia.  In July 1970 he was assigned to the           1st Battalion, 77th Armor, 1st Brigade of the 5th Infantry Division (Mechanized) in Vietnam, in MOS 11E20 as a loader.  He participated in one campaign during his tour in Vietnam and returned to the United States at Fort Lewis, Washington.  He received nonjudicial punishment under Article 15, UCMJ, for AWOL from           28 June 1970 to 9 July 1970.  In September 1971 he was assigned to Fort Bragg, North Carolina.   

5.  The applicant was discharged on 25 January 1972 in the grade of E-4.  His characterization of service was honorable.  He had 2 years, 9 months, and         10 days of service, and 11 days of lost time.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, and the Good Conduct Medal.  It also shows that his specialty was that of a clerk typist,       MOS 71B20.  

6.  On 6 March 1998, in response to a request from a Member of Congress, a copy of the applicant’s records, other than his medical records, were forwarded to that official.
7.  On 12 July 1999 his DD Form 214 was corrected to show that he was also awarded the Expert Qualification Badge with automatic rifle bar, the Sharpshooter Qualification Badge with rifle bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  On 31 March 1999 the National Personnel Records Center authorized the issuance of the Army Commendation Medal and the Good Conduct Medal to the applicant; and on 16 July 1999 it authorized the issuance of the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal, the Expert Qualification Badge with automatic rifle bar, and the Sharpshooter Qualification Badge with rifle bar.  It also indicated that he was entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Campaign Medal, but that those medals had to be purchased from civilian dealers in that DA does not issue them.

9.  On 23 June 1999 the National Personnel Records Center forwarded him a copy of his DD Form 214.  In July 1999 the National Personnel Records Center provided copies his of records, to include general and special orders.

10.  On 20 August 1999 in response to his Freedom of Information Act request for records, the National Archives informed him of the procedures necessary to obtain his records, to include method of payment.  He was informed by the Office of the Chief of Staff of the Army on 28 September 1999 that his request for awards’ orders and medal sets was forwarded to the National Personnel Records Center. 

11.  On 17 July 1999, 16 August 1999, and on 3 September 1999 the applicant was again forwarded copies of records that he had requested.

12.  The applicant’s records show that he has made numerous other requests for copies of his records, and has been provided responses in each instance.

13.  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.

14.  That regulation also 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.  As with all awards, formal recommendation and approval in the chain of command are required.  The award must be announced or published in general or permanent orders.  

15.  Army Regulation 600-8-22 does not provide for award of a Combat Armor Badge.  There is no such award.

16.  DA Pamphlet 672-3 provides a list of those units which were awarded unit citations during Vietnam.  That pamphlet shows that the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, but no other unit award.

17.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210, in effect at that time, states that persons who have lost time during their last period of service will have the reenlistment code of RE-3B entered on their DD Form 214.

CONCLUSIONS:

1.  The applicant served one year in Vietnam in the duty MOS of 11E20.  In all fairness to the applicant that MOS should be reflected in the remarks section on his DD Form 214.

2.  The applicant did not serve in an infantry unit.  He is not entitled to the Combat Infantryman Badge.  

3.  The applicant’s records do not show that he was awarded the Bronze Star Medal, or that he had been recommended for that award.  He is not entitled to award of the Bronze Star Medal. 

4.  The unit to which he was assigned was not awarded a Presidential Unit Citation.  He is not entitled to that award.

5.  There is no such award as the “Combat Armor Badge.”

6.  The applicant was AWOL for 11 days during his enlistment.  His reenlistment code of RE-3B on his DD Form 214 is correct.  

7.  The applicant’s DD Form 214 has been corrected to show award of all the medals to which he is entitled, and those awards have been authorized for issue to him.  Furthermore, his numerous requests for records have been honored.  There is no further action for this Board to take in this respect.

8.  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, in the remarks section of his DD Form 214, that the applicant served in the duty MOS of 11E20 during his tour in Vietnam.  

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

BOARD VOTE:  

___emw_  ___jpi___  ___cmf__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026904	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000706	
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.  46	107.00	
2.	100.00	
3.	110.00	
4.		
5.		
6.