PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           8 May 2003                            
	DOCKET NUMBER:  AR2003083460

	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. Samuel A. Crumpler 		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Robert L. Duecaster		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 be corrected to show that he was awarded the Combat Infantryman Badge (CIB) and a secondary military occupational specialty (MOS) of 11B (Infantryman).

3.  The applicant states, in effect, that his separation document (DD Form 214) does not show 11B (Infantryman) as his secondary MOS and the CIB as an authorized award.  In support of his application, he submits a copy of DD Form 214, Enlisted Qualification Record (DA Form 20), and excerpts from Army Regulation 600-8-22 pertaining to the award of the CIB. 

4.  The applicant’s military records show that he entered the Army for a period of 3 years on 9 September 1966.  He was trained in, awarded, and served in MOS 05B (Radio Operator).  He continuously served on active duty for 3 years, until being honorably released from active duty (REFRAD) on 9 September 1969, by reason of expiration term of service. 

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 30 November 1967 to 28 May 1968.  It also shows in Item 38 (Record Of Assignment) that while serving in the RVN, he was assigned to Company B, 4th Battalion, 12th Infantry Regiment, 
199th Infantry Brigade, and that he performed duties in MOS 05B as a Radio Operator.  Item 41 (Awards and Decorations) shows that he earned the following awards during his active duty tenure:  Purple Heart; National Defense Service Medal; Vietnam Service Medal; and RVN Campaign Medal with 60 Device.  

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents indicating that he possessed a secondary MOS of 11B (Infantryman) or that he was recommended for or awarded a CIB.   However, his MPRJ did contain a correction to his DD Form 214 (DD Form 215), that changed his separation document to show he was awarded the Purple Heart, Vietnam Service Medal with 3 bronze service stars, and RVN Gallantry Cross with Pam Unit Citation Badge.  This correction also added an entry showing the period he served in the RVN, and it corrected his time lost for being absent without leave (AWOL) from 12 to 2 days.  

7.  United States Army Vietnam Regulation Number 672-1 (Awards and Decorations) contained the policy guidance on awarding the CIB in the RVN.  Appendix 3 to Annex A of this regulation listed positions which qualified for award of the CIB.  It stated, in pertinent part, that the CIB was authorized for award to members serving in MOS 05B as Radio Operators provided their primary duty was to accompany infantry or infantry type units on tactical operations.

CONCLUSIONS:

1.  The evidence of record shows that the applicant served in the RVN from 
30 November 1967 to 28 May 1968.  It also shows that while serving in the RVN, he was assigned to Company B, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade, and that he performed duties in MOS 05B (Radio Operator).  

2.  By regulation, the CIB was authorized for award to members serving in the RVN in MOS 05B as Radio Operators, provided their primary duty was to accompany infantry or infantry type units on tactical operations.  Therefore, the Board concludes that the applicant was entitled to receive CIB based on his service as a Radio Operator with an infantry unit in the RVN.  

3. The Board notes the applicant’s contention that his military records should be corrected to show he possessed a secondary MOS of 11B, but it finds insufficient evidence to support this claim.  The evidence of record clearly shows that he was trained in, awarded, and served in MOS 05B.  The record also confirms that this was the only MOS he was awarded or served in during his active duty tenure.  Thus, the Board finds insufficient evidence to support changing his record to show he held a secondary MOS of 11B (Infantryman).

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 be corrected by showing the individual concerned was awarded the Combat Infantryman Badge and by providing him a corrected separation document that reflects this change.

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

BOARD VOTE:  

__MM__  ___SAC__  __RLD___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Samuel A. Crumpler
		  CHAIRPERSON

INDEX

CASE ID	AR2003083460	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Partial Relief	
REVIEW AUTHORITY		
ISSUES         1. 157	107.0111	
2.		
3.		
4.		
5.		
6.