PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 January 2001                   
	DOCKET NUMBER:   AR2000048256

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O’Shaughnessy, Jr.		Member	
	Ms. Brenda F. Hirschi		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 Report of Separation from Active Duty, DD Form 214, for the period ending 3 December 1976 be corrected to show he held military occupational specialties (MOSs) 16F and 94C and to show he was awarded the Combat Infantryman Badge (CIB).  He requests that his DD Form 214 for the period ending 3 December 1972 be corrected to show he served in Vietnam from 18 October 1970 – 23 September 1971.

3.  The applicant states that he had MOS 16F from his service in Vietnam and MOS 94C from his last duty station.  He spent 9 months in the field in Vietnam on a duster (i. e., dustoff, medical evacuation helicopter).  He provides his DD Forms 214 for the periods ending 3 December 1972 and 3 December 1976 as supporting evidence.

4.  The applicant’s military records show that he enlisted in the Regular Army on  27 April 1970.  His Enlisted Qualification Record, DA Form 2-1 shows that he served in Vietnam from 21 October 1970 – 23 September 1971 (11 months and  3 days).  It shows he was assigned to the 4th Battalion, 60th Artillery as a 94B20, cook and as a 16F20, driver and to the 6th Battalion, 32d Artillery as a 94B20, cook.  It shows that he had been awarded 16F (Light Air Defense Artillery Crewman) as an MOS on 15 July 1971.  Although the entry was deleted from his DA Form 2-1, his Enlisted Efficiency Report (EER) for the period ending November 1976 shows 16F20 as his secondary MOS.  There are no orders available to show that MOS 16F was withdrawn.  That EER also shows that his duty MOS for the period June – November 1976 was 94D and his duty title Night Baker.  There is no evidence of record to show he either held or worked in MOS 94C.  There is no evidence of record to show he was awarded 94D as an MOS.

5.  The applicant was honorably discharged on 3 December 1976.  His DD Form 214 for the period ending 3 December 1976, item 17a, secondary MOS, is blank. Item 19 shows his Indochina service dates as 21 October 1970 – 23 September 1971.

6.  Army Regulation 600-8-22 provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.

CONCLUSIONS:

1.  The evidence of record shows that the applicant held MOS 16F from 15 July 1971 to at least November 1976, when it was his secondary MOS.  Despite the deleted entry for this MOS on his DA Form 2-1, the Board concludes that he did hold it as a secondary MOS until he was discharged and it should have been entered in item 17a of his DD Form 214 for the period ending 3 December 1976. The entry in item 17b, “NONE,” would still be appropriate as there is no civilian occupation related to Light Air Defense Artillery Crewman.

2.  There is no evidence of record to show the applicant held MOS 94C.  There is evidence to show he held duty MOS 94D; however, there is no evidence to show he was ever awarded MOS 94D.  There is no item on the DD Form 214 meant to record duty MOSs.

3.  The applicant’s DA Form 2-1 shows that he served in Vietnam from              21 October 1970 – 23 September 1971 for 11 months and 3 days, the entries shown on his DD Forms 214.  He provides no evidence to show he arrived in Vietnam on 18 October 1970.  

4.  The eligibility criteria for award of the CIB is to hold an infantry MOS, to perform infantry duties, and to be assigned to an infantry unit.  The Board appreciates the applicant’s service in Vietnam but the evidence of record shows that he did not hold an infantry MOS, he was assigned to air defense artillery units, and he performed duties as a cook or an air defense artilleryman.

5.  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 amending item 17a of the applicant’s DD Form 214 for the period ending 3 December 1976 to show he held secondary MOS 16F20, Light Air Defense Artillery Crewman.

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

BOARD VOTE:  

__aao___  __teo___  __bfh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Arthur A. Omartian
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR200048256	
SUFFIX		
RECON		
DATE BOARDED	20010130	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	110.00	
3.		
4.		
5.		
6.