APPLICANT REQUESTS: That his Enlisted Qualification Record (DA Form 20) be corrected to reflect in his record of assignments (item 38) that his military occupational specialty (MOS) was changed to 11B20 and that he performed the duties of a security guard on 25 February 1970 vice
13 April 1971, as currently reflected. In addition, he requests that he be awarded a Combat Infantryman Badge if he is authorized. He states that his records currently reflect that he performed the duties of a security guard for only
5 days before his duties were changed to that of a senior rifleman, when, in fact, he assumed the duties of a security guard on 25 February 1970. In support of his application he submits documents prepared by his former sergeant, dated 25 February 1970, which indicate he was transferred to a security unit. He also submits a copy of a letter he sent to his mother on 28 February 1970 indicating that he had changed his MOS to 11B20 and that he would be guarding compounds.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 19 June 1969 for a period of
3 years. He successfully completed his training as an equipment storage specialist (76V) and was transferred to Fort Benning, Georgia to undergo airborne training. He was permanently disqualified from further airborne training on
7 November 1969 and transferred to Vietnam on 19 December 1969 for duty as an equipment storage specialist.
His record of assignments indicate that he served as an equipment storage specialist in two separate units from
25 December 1969 until 12 April 1970. On 13 April 1970 he was transferred to an ordnance company to perform the duties of a security guard in MOS 11B20 for a period of 5 days. On 18 April 1971 he assumed the duties of a senior rifleman in an infantry company and remained in that position until he departed Vietnam on 18 July 1971.
Upon his departure from Vietnam he was transferred to Fort Meade, Maryland, for duty as an equipment storage specialist. He remained at Fort Meade until he was honorably released from active duty on 27 December 1971 and transferred to the USAR Control Group (Annual Training). He had served 2 years, 6 months, and 9 days of total active service. On 1 June 1975 he was honorably discharged from the USAR upon completion of his statutory service obligation.
A review of the applicants records indicates that the applicant was only awarded one MOS, that of an equipment storage specialist (76V20). There is no indication that the applicant was ever awarded MOS 11B20.
A review of the documents submitted by the applicant in support of his application indicates that he was being evaluated on the skills he had acquired from his advanced individual training and that he did not possess the skills necessary to perform in his MOS. The evaluation indicates that he was transferred to a security company but does not indicate an effective date of transfer.
Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to Army enlisted soldiers with an infantry or special forces MOS who, subsequent to 6 December 1941, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit or brigade, regimental or smaller size during any period such unit was engaged in active ground combat. Battle participation credit alone is not sufficient. The unit must have been in active ground combat with the enemy during the period.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 27 December 1971, the date of his release from active duty. The time for the applicant to file a request for correction of any error or injustice expired on 27 December 1974.
The application is dated 29 September 1994 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
BOARD VOTE:
EXCUSE FAILURE TO TIMELY FILE
GRANT FORMAL HEARING
CONCUR WITH DETERMINATION
David R. Kinneer
Executive Secretary
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