IN THE CASE OF: BOARD DATE: 3 August 2020 DOCKET NUMBER: AR20180004560 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) was 11B (Light Weapons Infantryman) instead of 94B (Cook) * he was awarded the Army Commendation Medal, Army Good Conduct Medal, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Combat Infantryman Badge 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), dated 10 February 2018 * General Orders Number 3759, issued by Headquarters, 101st Airborne Division (Airmobile) on 1 April 1970 * General Orders Number 3871, issued by Headquarters, 101st Airborne Division (Airmobile) on 6 April 1970 * 41 pages of Department of Veterans Affairs (VA) records FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code (USC), Section 1552 (b); however, the Army Board for Correction of Military Records (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 trained and served as a cook while stateside; however, during his entire period of service in the Republic of Vietnam, including his first week located at Hill 937 (Hamburger Hill), he served as an infantry gunner. Because of this, he requests his MOS be changed to an infantry MOS and that he be awarded of the Combat Infantryman Badge. b. The other requested awards and decorations were awarded to him but were not included on his DD Form 214. c. The omissions cause him to become upset and aggravate his debilitating post- traumatic stress disorder (PTSD) and other ailments when speaking of his service. 3. The applicant was inducted into the Army of the United States on 11 June 1968. He completed training and was awarded MOS 94B (Cook). 4. General Orders Number 3759, issued by Headquarters, 101st Airborne Division (Airmobile) on 1 April 1970, awarded the applicant the Army Good Conduct Medal (First Award). 5. General Orders Number 3871, issued by Headquarters, 101st Airborne Division (Airmobile) on 6 April 1970, awarded the applicant the Army Commendation Medal. 6. The applicant was honorably released from active duty on 14 April 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 issued shows: * his MOS as 94B (Cook) * he was awarded or authorized the Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 7. The applicant's DA Form 20 (Enlisted Qualification Record) shows: * he was assigned to Fort Dix from 3 October 1968 to 4 April 1969, where he served as a cook * he was assigned to the 101st Administrative Company, 101st Airborne Division, from 30 May 1969 to 6 April 1970, where he served as a cook * he served in the Republic of Vietnam from 13 May 1969 through 14 April 1970 * his service in Vietnam occurred during two campaign periods * he was awarded or authorized the Bronze Star Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 8. Department of the Army Pamphlet 672–3 (Decorations, Awards, and Honors Unit Citation and Campaign Participation Credit Register) shows that during the period the applicant was assigned to the 101st Administrative Company, it was authorized the following unit awards and decorations: * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 9. The applicant served in Vietnam during three campaign periods and is authorized three bronze service stars on his Vietnam Service Medal. The authorization of the bronze service stars it to be shown on the DD Form 214. 10. While the applicant may have performed infantryman duties in Vietnam, there is no evidence that he was officially awarded the infantry MOS. Without being awarded the MOS, the Combat Infantryman Badge is not authorized. 11. There is no evidence that the unit the applicant was assigned to in Vietnam was authorized a Presidential Unit Citation. BOARD DISCUSSION: The Board found sufficient evidence to grant partial relief. 1. The Board found sufficient evidence to award the applicant the following awards and decorations: ARCOM, AGCM, Republic of Vietnam Gallantry Cross with Palm, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars on his Vietnam Service Medal. 2. However, the Board found insufficient evidence that the applicant was eligible to be awarded a Presidential Unit Citation (PUC), an Infantry MOS or to receive the Combat Infantryman’s Badge. The applicant’s unit was not awarded the PUC, nor was the applicant awarded an infantry MOS, but was assigned as a 94B Cook. Therefore, the applicant did not meet the requirements set forth in AR 672-1 for award of the Combat Infantryman’s Badge. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : 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. 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by a. awarding the applicant the following awards and decorations: * ARCOM and * AGCM, and b. correcting his DD Form 214 with effective date 14 April 1970 by amending item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) as follows: (1) add ARCOM, (2) add AGCM, (3) delete “Vietnam Service Medal” and add “Vietnam Service Medal with three Bronze Service Stars,” (4) add Republic of Vietnam Gallantry Cross with Palm and (5) add Republic of Vietnam Civil Actions Honor Medal 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 * award of a Presidential Unit Citation (PUC), * award of an Infantry MOS, * or to receive the Combat Infantryman’s Badge. 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): Not Applicable REFERENCES: 1. Title 10, USC, Section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the 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. 3. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states: a. As then in effect, the entry of an MOS was to be the Soldier's official MOS awarded was taken from the DA Form 20. b. All awards and decorations for all periods of service were to be listed in the priority sequence. Each entry is to be verified by the Soldier's records and abbreviations are not to be used. 4. Army Regulation 600-8-22 (Military Awards) states the: a. The Combat Infantryman Badge is awarded to infantry officers and warrant officers and enlisted Soldiers who have an infantry MOS or specialty. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. b. The Vietnam Service Medal is awarded to all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973. A bronze service star is authorized to be worn on the Vietnam Service Medal for service during each campaign period in Vietnam as shown in Appendix B. Based on his dates of service in Vietnam the applicant is shown to have served during the following campaigns: * Tet 69 Counteroffensive, 1969 23 February 1969--8 June 1969 * Vietnam Summer-Fall 1969 9 June 1969--31 October 1969 * Vietnam Winter-Spring 1970 1 November 1969--30 April 1970 c. The Presidential Unit Citation is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941. The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart from and above other units participating in the same campaign. The degree of heroism required is the same as that which would warrant award of a Distinguished Service Cross to an individual. 5. U.S. Army Vietnam (USARV) Regulation 672-1, Appendix V, provides that during the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 6. Department of the Army Pamphlet 672–3 lists the authorized unit awards for each unit. A review of the register failed to show that any unit in the 101st Airborne Division was awarded the Presidential Unit Citation during the period the applicant served in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180004560 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20180004560 5 ABCMR Record of Proceedings (cont) AR20180004560 4