PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 September 2001
	DOCKET NUMBER:   AR2001058895

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Ms. Paula Mokulis		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, in effect, that his military records show he earned the Combat Infantryman Badge (CIB) and that the military occupation specialty (MOS) listed in his separation document (DD Form 214) be corrected to 31B 
(Radio Operator).

3.  The applicant states, in effect, that he served as a Radio Operator in an  infantry unit in Vietnam from 3 March 1969 to 27 December 1969, and that the numerical designation for his Radio Operator MOS was 31B.

4.  The applicant’s military records show that on 6 September 1968, he entered the Army and that he continuously served on active duty for 5 years, 7 months, and 7 days until 12 April 1974, when he was honorably separated in the rank of staff sergeant (SSG).  

5.  The applicant’s record shows that he was trained in and served in MOS 05B (Radio Operator) and that during his active duty tenure he earned the following awards:  Army Commendation Medal; Good Conduct Medal; Vietnam Service Medal, Republic of Vietnam Campaign Medal with 60 Device, and National Defense Service Medal. 

6.  The record also shows that the applicant served in the Republic of Vietnam (RVN) from 3 March to 27 December 1969, and was assigned to Headquarters, Headquarters Company, 4th Battalion, 12th Infantry, 199th Infantry Brigade as a Radio Operator.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

8.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) provided, in pertinent part, for award of the CIB.  Appendix 3 to Annex A of this regulation listed positions which qualified award of the CIB.  The regulation authorized award of the CIB to radio operators provided their primary duty was to accompany infantry or infantry -type units on tactical operations.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that during his assignment tenure, the applicant’s unit, HHC, 4th Battalion, 12th Infantry, 199th Infantry Brigade, was awarded the Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and Republic of Vietnam Civil Actions Honor Medal First Class.

10.  Army Regulation 611-201, in effect at the time, contained guidance on the enlisted classification structure and a list of MOS numerical designations.  It listed the MOS numerical designation of 05B for those members serving as Radio Operators, a numerical designation that remained in effect through 1978.  

CONCLUSIONS:

1.  The evidence of records shows that he served as a Radio Operator in an infantry unit that earned valor awards for its combat operations in Vietnam during his assignment tenure.  Thus, the Board finds it reasonable to conclude the applicant is entitled to receive the CIB based on his combat service with this unit. 

2.  The applicant’s unit earned the Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge and Republic of Vietnam Civil Actions Honor Medal First Class during his assignment tenure.  Therefore, the Board concludes he is also entitled to have these awards added to his record.

3.  While the numerical designation of the applicant’s MOS may have changed subsequent to his separation, 05B was the proper numerical designation for members serving as Radio Operators during his active duty tenure.  Further, there is no evidence to show this numerical designation has served any type of  injustice upon the applicant.  Therefore, the Board concludes there is no basis for changing the 05B numerical MOS designation contained in his separation document.

4.  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, particularly the DD Form 214 of the individual concerned, dated 1 October 1970, be corrected to show he was awarded the Combat Infantryman Badge, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and Republic of Vietnam Civil Actions Honor Medal, First Class and by issuing him a corrected separation document that reflects these changes. 

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

BOARD VOTE:  

__RJW__  __KWL__  ___PM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		   __Raymond J. Wagner  __
		        CHAIRPERSON

INDEX

CASE ID	AR2001058895	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/20	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT) PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.