PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            16 May 2000                  
	DOCKET NUMBER:    AR1999031296

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.  In addition, he requests correction of his military occupational specialty (MOS) to show he served as 11B10 (Infantryman).

3.  The applicant states that his DD Form 214 does not show award of the Combat Infantryman Badge and his MOS is incorrect.  Also, he states that he is filing for Veterans Administration (VA) benefits, but his DD Form 214 is incorrect and needs to show his MOS of 11B, award of the Combat Infantryman Badge, and the Purple Heart.  

4.  The applicant’s military records show that he enlisted in the Army on 5 December 1969 for a period 3 years.  He attended advanced individual training (AIT) at Fort Gordon, Georgia, but he did not complete training.  He successfully completed training at Fort Polk, Louisiana, was awarded MOS 11B (Infantryman) and served in Vietnam from 21 October 1970 through 8 April 1971 as a rifleman. He was reassigned to the United States and reclassified as 76A10 (Supplyman). The applicant was discharged from active duty on 26 July 1972.

5.  The applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized award. 

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was awarded an infantry military occupational specialty (MOS) 11B and served as a rifleman in the 11th Infantry Brigade while assigned in Vietnam.

7.  Item 23a (Specialty Number and Title) of the applicant’s DD Form 214 shows he served in MOS 76A10 (Supplyman).  Orders in the applicant’s records show he was awarded MOS 76A10 effective 4 May 1971.  This order also shows that the applicant’s MOS 11B was withdrawn effective 4 May 1971.

8.  There is no evidence the applicant was awarded the Purple Heart.  However, his DA Form 20 shows in item 40 (Wounds) “GSW (L) Leg” [gunshot wound left leg] sustained on 21 March 1971.  Orders show the applicant was evacuated to Japan for treatment.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974. 

10.  Army Regulation 600-8-22 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.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

11.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the soldier’s primary specialty number and title will be entered in item 23a of the DD Form 214.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  Evidence of record shows that the applicant served in an infantry MOS in an infantry unit in combat in Vietnam; therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.

2.  Records show that the applicant served in MOS 11B during his tour in Vietnam; however, his MOS 11B was withdrawn and he was reclassified as 76A10 (Supplyman).  As a result, the applicant’s MOS at the time of his separation was 76A; therefore, his records are correct as currently constituted and he is not entitled correction of item 23a to show his MOS as 11B.

3.  Evidence of record shows that the applicant sustained a wound as a result of hostile action on 21 March 1971 in Vietnam; therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

4.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only 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, the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

AAO___  VBC_____  LE______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Arthur A. Omartian__________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031296	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000516	
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.	107.0111	
2.	107.0015	
3.	100.0500	
4.		
5.		
6.