ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 30 October 2020 
DOCKET NUMBER: AR20200002302

APPLICANT REQUESTS:

*	correction of his DD Form 214 (Armed Forces of the United States Report of 
Transfer or Discharge) to show:

*	his military occupational specialty (MOS) as 11B (Light Weapons 
Infantryman)
*	award of the Combat Infantryman Badge (CIB)
*	award of 2d Battalion, 35th Infantry Regiment, unit citations

*	a personal appearance hearing before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
   *	Letter, Applicant, dated 14 December 2019 
REFERENCES:
1.	Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 years after discovery of the alleged error or 
injustice. This provision of law also allows the Army Board for Correction of Military 
Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute 
of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.	Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR. The Army Board for Correction of Military Records 
(ABCMR) begins its consideration of each case with the presumption of administrative 
regularity. The applicant has the burden of proving an error or injustice by a 
preponderance of the evidence. The ABCMR may, in its discretion, hold a hearing 
(sometimes referred to as an evidentiary hearing or an administrative hearing) or 
request additional evidence or opinions. Applicants do not have a right to a hearing




before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever 
justice requires.

3.	Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents that will be furnished each individual who is separated from the 
Army and established standardized procedures for the preparation and distribution of 
these documents. The DD Form 214 is a summary of a Soldier's most recent period of 
continuous active duty. It provides a brief, clear-cut record of active duty service at the 
time of release from active duty, retirement, or discharge. The general instructions 
stated all available records would be used as a basis for preparation of the
DD Form 214, including the DA Form 20 (Enlisted Qualification Record), DA Form 66 
(Officer Qualification Record), and orders. The specific instructions for item 23a 
(Specialty Number and Title) stated to enter the primary MOS code number, title, and 
date of award.

4.	Army Regulation 672-5-1 (Awards), in effect at the time, stated the purpose of 
awarding badges is to provide for public recognition by tangible evidence of the 
attainment of a high degree of skill, proficiency, and excellence in tests and competition, 
as well as in the performance of duties. Paragraph 96 (CIB) stated:

   a.	An individual must be an infantry officer in the grade of colonel or below, or an 
enlisted man or a warrant officer with infantry MOS, who, subsequent to 6 December 
1941, has satisfactorily performed duty while assigned or attached as a member of an 
infantry unit of brigade, regimental, or smaller size during any period such unit was 
engaged in active ground combat.

   b.	Battle participation credit alone is not sufficient; the unit must have been in active 
ground combat with the enemy during the period.

FACTS:

1.	The applicant did not file within the 3-year time frame provided in Title 10,
U.S. Code, section 1552(b); however, the ABCMR conducted a substantive review of 
this case and determined it is in the interest of justice to excuse the applicant's failure to 
timely file.

2.	The applicant states:

   a.	He received MOS training as an infantryman and no other MOS. He was 
assigned to an infantry unit when he arrived in Vietnam and served in all capacities 
during his assignment, including listening post, squad-size ambushes, walking point, 
and building bunkers. He did his job.
   



   b.	He injured his foot by stepping in a hole while chasing a Soldier who had stepped 
in a wasp nest. His foot became extremely swollen and he eventually was sent to base 
camp. While he was recovering, he was sent to work in an accounting office because 
he had a minor college degree in accounting. He was never ordered back to his unit.

   c.	He had no idea his MOS had been changed. There is no record of his service as 
an infantryman on his DD Form 214.

3.	He enlisted in the Regular Army on 11 September 1967. Headquarters, U.S. Army 
Training Center, Infantry, Fort Dix, NJ, Special Order Number 19, dated 19 January 
1968, awarded him MOS 11B1O effective 26 January 1968.

4.	Headquarters, 4th Infantry Division, Special Order Number 182, dated 30 June 1968, 
assigned him to Company C, 2d Battalion, 35th Infantry Regiment, Vietnam, with a 
reporting date of 5 July 1968. His MOS is shown as 11B1O.

5.	The memorandum from Company C, 2d Battalion, 35th Infantry Regiment, dated
6 August 1968, subject: Physical Profile, stated the applicant's continued performance 
in MOS 11B1O, would be harmful to his health; he is not physically capable of 
performing duties in his MOS; and recommended his reclassification to a different MOS. 
His DA Form 8-274 (Medical Condition – Physical Profile Record) shows his physical 
defect as flat feet with limitations of no prolonged walking or standing. The examining 
physician recommended changing his MOS.

6.	4th Infantry Division Special Orders Number 226, dated 13 August 1968, awarded 
him primary MOS 73C2O and withdrew primary MOS 11B1O (less than 8 months after 
his award of MOS 11B1O).

7.	Headquarters, 4th Infantry Division, General Orders Number 1763, dated 17 May 
1969, awarded him the Army Commendation Medal for meritorious service in the 
Republic of Vietnam during the period June 1968 to June 1969.

8.	His DA Form 20 (Enlisted Qualification Record) shows in:

*	item 22 (MOS) –

*	he was awarded MOS 11B1O (Light Weapons Infantry) effective 26 January 
1968
*	he was awarded MOS 73C2O (Accounting/Disbursing Specialist) effective 
13 August 1968

*	item 31 (Foreign Service) – he received overseas tour credit for service in 
Vietnam from 22 June 1968 through 21 June 1969




*	item 38 (Record of Assignments) –

*	he was assigned to Company C, 2d Battalion, 35th Infantry Regiment,
4th Infantry Division from 5 July 1968 through 17 August 1968 in MOS 11B1O
*	he was assigned to Headquarters and Headquarters Company, 4th Infantry 
Division from 18 August 1968 through 17 June 1969 in MOS 73C2O

*	item 41 (Awards and Decorations) –

*	Army Commendation Medal
*	Army Good Conduct Medal
*	National Defense Service Medal
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

9.	His records are void of orders awarding him the CIB.

10.	He participated in the following four campaigns during his service in Vietnam:

*	Counteroffensive Phase V – 1 July 1968 to 1 November 1968
*	Counteroffensive Phase VI – 2 November 1968 to 22 February 1969
*	Tet 69 Counteroffensive 1969 – 23 February 1969 to 8 June 1969
*	Summer-Fall 1969 – 9 June 1969 to 31 October 1969

11.	He was released from active duty on 19 June 1969. He completed 1 year,
9 months, and 9 days of active service, including 11 months and 18 days of foreign 
service. His DD Form 214 shows:

a.	his MOS as 73C and

b.	he was awarded or authorized the:

*	National Defense Service Medal
*	Army Good Conduct Medal
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
*	two overseas service bars




12.	Department of the Army General Orders Number 3, dated 20 February 1970, 
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 
4th Infantry Division and its subordinate units, to include Headquarters and
Headquarters Company, 4th Infantry Division, and 2d Battalion, 35th Infantry Regiment, 
for the period October 1966 to 28 July 1969.

13.	Department of the Army General Orders Number 53, dated 22 October 1970, 
awarded the Republic of Vietnam Civil Actions Unit Citation to the 4th Infantry Division 
and its subordinate units, to include the Headquarters and Headquarters Company, 
4th Infantry Division, and 2d Battalion, 35th Infantry Regiment, for the period 1 October 
1966 through 31 October 1969.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined it 
could reach a fair and equitable decision in the case without a personal appearance by 
the applicant.

Based on a preponderance of the evidence, the Board also determined partial relief 
was warranted.  The Board considered the applicant's statement, his record of 
service, the length of time he held MOS' and the criteria for inclusion of specialties on 
a DD Form 214. Based upon the available documentation, the Board found that the 
applicant served as 11B in 2/35 IN for one month, prior to his reclassification action to 
73C. This period overlapped with the period of eligibility for award associated with the 
Counteroffensive Phase V campaign. Although this campaign does not appear to 
involve actions that would have resulted in award of CIB, nor is there evidence of the 
applicant engaging or being engaged by the enemy, the applicant’s service during this 
period would entitle him to RVN Gallantry Cross and RVN Civil Actions Unit Citation.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:
:
:
GRANT FULL RELIEF
:XX
:XXX
:XXX
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
:
:
:
DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.	The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief. As a result, the Board recommends that all 
Department of Army records of the individual concerned be corrected by amending the 
applicant’s DD Form 214 by awarding and adding:

*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Republic of Vietnam Civil Actions First Class Unit Citation

2.	The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief. As a result, the Board recommends denial of so much of 
the application that pertains to changing the applications MOS and/or awarding the CIB.

3.	Prior to closing the case, however, the Board noted the administrative notes that 
follow and recommended those changes be completed as well to more accurately 
reflect the military service of the applicant.

 X	
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the 
Army Board for Correction of Military Records in this case.

ADMINISTRATIVE NOTE(S): The applicant was awarded or authorized the following 
awards that are not shown on his DD Form 214:

*	Army Commendation Medal
*	four bronze service stars with his already-awarded Vietnam Service Medal

//NOTHING FOLLOWS//