IN THE CASE OF: BOARD DATE: 29 April 2022 DOCKET NUMBER: AR20210013943 APPLICANT REQUESTS: to show his military occupational specialty (MOS) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 May 1969 as 11B (Infantryman) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Consolidated Enlisted Promotion List, dated 16 January 1969 * Special Orders (SO) Number 43, issued by Headquarters, 199th Infantry Brigade (Separate)(Light) on 12 February 1969 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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, in effect, he was an M60 machine gunner for A Company, 2nd Battalion, 3rd Infantry, and after being shot, and spending 93 days in rehab, but still bleeding, he did not wish to go back in the field, so they sent him to headquarters where he delivered rations to forward areas. a. His sergeant obtained an M60 and side arm for his use, and he supervised convoys of rations. He received an Army Commendation Medal (ARCOM) for his services while always performing infantry skills. He never set foot in a kitchen or cooked a meal. He realized his last promotion was granted by the mess sergeant, but he was always and will always proudly be infantry, an 11B. b. His request is only that my exit MOS be listed as 11B20 not 94B20 (Cook). His entire service in Vietnam was with the 199th Light Infantry Brigade, 2nd Battalion, 3rd Infantry. His supporting evidence is his DD Form 214, which lists his training at Ft. Polk advanced individual training (AIT), Purple Heart. ARCOM, and Combat Infantryman Badge. c. He also attended The Leadership Academy at Fort Polk and was proud to be a member of The Old Guard. He extended his duty in Vietnam to avoid state-side duty, but also because he was dedicated to his skills and job duties as a ration convoy supervisor. d. He is asking for this correction as it is the right the to do; he was never a cook! 3. In the processing of this case the ABCMR was unable to obtain the applicant's service personnel records. The records available to the ABCMR were provided by the applicant and are sufficient for the ABCMR to make a fair and impartial review of this case. 4. The applicant provides: a. DD Form 214 that shows: (1) He was inducted into the Army of the United States on 26 September 1967. He completed initial entry training at Fort Polk, LA as a Light Weapons Infantryman. (2) He served in the 199th Infantry Brigade, U.S. Army Pacific for 11 months and 4 days. (3) He was honorably released from active duty and transferred to U.S. Army Control Group (Annual Training) on 2 May 1969. His MOS is shown as 94B20 Cook. (4) Item 24 shows his authorized awards reflect the following: * National Defense Service Medal * Vietnam Campaign Medal 1960 * Combat Infantryman Badge * Vietnam Service Medal * ARCOM * Purple Heart b. Consolidated Enlisted Promotion List that shows he was being considered for promotion in MOS 11B20. c. (SO) Number 43, which shows he was returning from service in the Republic of Vietnam with his MOS listed as 11B20. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows the applicant completed initial entry training as a 11B, and never received training nor orders awarding a new MOS. The Board determined there is sufficient evidence to grant relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to depict the military service of the applicant more accurately. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 2 May 1969 by showing: * Item 5a – SGT * Item 23a – 11B20 Light Weapons Infantryman * Item 23b – 378.684 Infantry Weapons Crewmember 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): Regulatory guidance shows the applicant is authorized additional decorations not listed on his DD Form 214. Please correct his DD Form 214 by deleting the Vietnam Service Medal, and adding the following: * Vietnam Service medal with 3 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Title 10, United States 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 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 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69/Counteroffensive (23 February – 8 June 1969) 3. Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The MOS listed must show the primary MOS as published on orders. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows Headquarters and Headquarters Company, 336th Ordnance Battalion, the unit to which the applicant was assigned from on or about 26 September 1968 through on or about 10 January 1969, was cited for the Meritorious Unit Commendation, for the period 25 September 1968 through 5 August 1969, by Department of the Army General Orders (DAGO) Number 39, dated 1970. In addition, DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013943 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1