| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Raymond V. O’Connor | Chairperson | |
| Mr. Stanley Kelley | Member | |
| Mr. John P. Infante | Member |
APPLICANT REQUESTS: Award of the Expert Infantryman Badge. He states, in effect, that it was his understanding that if a soldier worked outside his primary specialty for more than 90 days he was to be awarded the specialty he was working in. He notes, in a self-authored statement, that he was trained as a clerk, but never worked in that specialty. He states that when he was assigned to Vietnam he worked as a truck driver, forklift operator and in construction work. He notes that after 90 days he requested that his specialty be changed, but his request was denied. He notes that he subsequently worked for a "full 6 months in the infantry" and learned to use various weapons, was involved in patrols and was ultimately assigned to an infantry unit when he returned to the United States. He believes he is entitled to the Expert Infantryman Badge. The applicant also asks if he was entitled to the Army Service Ribbon, which was established in 1981. Other than his self-authored statement, the applicant submits no additional evidence in support of his request.
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:
He entered active duty on 5 July 1968 and was trained as a clerk and awarded specialty 70A (clerk) in December 1968. In February 1969, following completion of training, the applicant was assigned to Vietnam.
The applicant was initially assigned to the 179th Aviation Company where his records indicate his principal duty was as a light vehicle driver, although his duty specialty was still recorded as 70A (clerk). In August 1969 he was reassigned to the 52nd Security Detachment where he was assigned duties as a riflemen in specialty 11B (infantryman). On 19 November 1969 the applicant was awarded a primary specialty of 11B (light weapons infantryman). Orders issued by the 52nd Aviation Battalion confirmed the award.
The applicant returned to the United States in February 1970. Just prior to his departure from Vietnam, he was awarded an Army Commendation Medal for meritorious achievement during the period "18 July 1969 to 14 January 1970." The award, however, was omitted from his DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge).
The applicant completed his period of active military service at Fort Benning, Georgia and on 10 July 1970 was released from active duty.
Army Regulation 600-8-22 states, in pertinent part, that the Expert Infantryman Badge may be awarded to personnel in CMF (Career Management Field) 11 (infantry) after completion of a prescribed program and passing a proficiency test. There is no automatic entitlement to the badge merely by holding or performing duties in an infantry specialty. There is no evidence the applicant completed the prescribed program and passed the proficiency test for award of the Expert Infantryman Badge.
Army Regulation 600-8-22 also states that the Army Service Ribbon, established in April 1981, may only be retroactively awarded to soldiers who had an active Army status on or after 1 August 1981. The applicant did not have an active Army status on or after 1 August 1981 and as such would not be entitled to an award of the Army Service Ribbon.
However, by virtue of the applicant's service in Vietnam he is entitled to two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm (one based on his assigned with the 179th Aviation Company and one based on his assignment with the 52nd Security Detachment), and four bronze service stars on his Vietnam Service Medal, vice the two currently reflected on his separation document. The bronze service stars denote participation in four designated campaign periods while in Vietnam (Vietnam Counteroffensive-Phase VI, Tet 69 Counteroffensive-1969, Vietnam Summer-Fall 1969 and Vietnam Winter-Spring 1970).
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 10 July 1970, the date the applicant was released from active duty. The time for the applicant to file a request for correction of any error or injustice expired on 10 July 1973.
The application is dated 17 March 2002 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. Prior to reaching this determination the Board looked at the applicant's entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.
NOTE: Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of the Army Commendation Medal, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and four bronze service stars on his Vietnam Service Medal.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__RVO__ __SK____ __JPI___ CONCUR WITH DETERMINATION
| CASE ID | AR2002071040 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020718 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2014 | 20140017794
The applicant requests correction of his records to show he was awarded the Combat Infantryman Badge (CIB). There is no evidence in the available record which shows the applicant was ever1 either recommended for or awarded the CIB. Although the evidence of record shows the applicant served in an infantry MOS while assigned to an infantry position during his tour of duty in the Republic of Vietnam, his record is devoid of any evidence that shows he was personally present and participated...
ARMY | BCMR | CY2003 | 2003089806C070403
The applicant requests that his records be corrected to reflect award of the Combat Infantryman Badge. Although the applicant may have been an infantryman at the time he served in Vietnam, the evidence indicates that he was assigned to an aviation unit and as such would not have met one of the basic qualifications for entitlement to the badge. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2008 | 20080002806
The applicant requests award of the Combat Infantryman Badge (CIB) and to have his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) corrected to show his military occupational specialty (MOS) as 11B (Light Weapons Infantryman). The applicants DD form 214 shows that he was awarded the (MOS) 13A (Cannoneer). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service...
ARMY | BCMR | CY2010 | 20100028052
The applicant states he spent 4 months with A Company, 2nd Battalion, 503rd Infantry. He was awarded MOS 71B and his MOS of 11B was withdrawn 4 months before he was sent to the Republic of Vietnam. Therefore, in view of the above, there is insufficient evidence to award the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2014 | 20140006711
(1) His DA Form 20 clearly shows he was trained in and held an infantry MOS. The evidence of record clearly shows he was trained in and held MOS 11B and performed in that MOS in Vietnam. None were created in Vietnam and the entries pertaining to being a medical specialist are not supported by evidence, such as formal training, award of an MOS, assignment as a medic, or an award reflecting his duties as a medic.
ARMY | BCMR | CY2013 | 20130016811
The Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. Therefore, he should be awarded the first award of the Army Good Conduct Medal based on completion of qualifying service from 25 September 1968 to 29 April 1970 ending with termination of a period of Federal military service and this award should be added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2013 | 20130020857
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Aircraft Crew Member Badge (now known as the Basic Aviation Badge). As a result, there is insufficient evidence to award him the Aviation Badge. ______ _ __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.
ARMY | BCMR | CY2008 | 20080009970
The applicant contends, in effect, that his records should be corrected to show award of the Combat Infantryman Badge; Army Commendation Medal; Army Achievement Medal; Good Conduct Medal; Army Service Ribbon; and the Marksman Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars. There are no orders or other evidence to show the applicant was awarded the Army Commendation Medal. Records show the applicant qualified for award of the Vietnam Service Medal and that he...
ARMY | BCMR | CY2006 | 20060016654
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 May 2007 DOCKET NUMBER: AR20060016654 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. The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart. This document shows the applicant's unit (1st Battalion, 52nd Infantry) is entitled to award of...
ARMY | BCMR | CY2009 | 20090015694
Application for correction of military records (with supporting documents provided, if any). However, there is no evidence in the available records and the applicant did not submit documentary evidence that shows he was awarded or held an infantry MOS or that he was an active participant in combat while assigned to his infantry unit. In the absence of evidence that the applicant held an infantry MOS and served in active ground combat while assigned or attached to an infantry unit of...