IN THE CASE OF:	  

	BOARD DATE:	  07 July 2008

	DOCKET NUMBER:  AR20080000757 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that Item 5 (Date of Birth) of his separation document (DD Form 214) be corrected to show 8 August 1950.  He also requests that his DD Form 214 be corrected to show award of the Combat Infantryman Badge for his Republic of Vietnam service.

2.  The applicant states, in effect, that his date of birth is 8 August 1950 not  
2 August 1950.  He states that the DD Form 214 shows his date of birth as  
2 August 1950.  He also states that he served as a Reconnaissance Specialist with the 1st Battalion, 9th Cavalry, during the period 9 August 1970 to 4 August 1971, while his unit engaged in ground combat.  He was issued the Combat Infantryman Badge, but the award is not listed on his DD Form 214.

3.  The applicant provides a copy of his Birth Certificate from the Bureau of Records and Statistics, Department of Health, City of New York, dated 9 August 1950.

CONSIDERATION OF EVIDENCE:

1.  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.  This provision of law also allows the Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military personnel record shows he enlisted in the Regular Army on 13 March 1970.  He completed the necessary training and was awarded the military occupational specialty 11D (Armor Reconnaissance Specialist).

3.  The applicant's personnel record shows he served in his duty MOS 11D as a Armor Reconnaissance Specialist and as a Senior Scout Observer with Headquarters and Headquarters Company (HHC), 2nd Battalion, 1st Cavalry Division, and with Troop C, 1st Battalion, 10th Cavalry Division, in the Republic of Vietnam from 20 August 1970 to 4 August 1971.

4.  On 12 March 1973, he was honorably separated and issued a DD Form 214 that shows he was awarded the National Defense Service Medal, two Overseas Service Bars, Expert Marksmanship Qualification Badge (Rifle M-16), Vietnam Campaign Medal with 1960 Device, Army Commendation Medal with Oak Leaf Cluster, Expert Marksmanship Qualification Badge (Rifle M-14), Vietnam Service Medal with two bronze service stars.  The Combat Infantryman Badge is not shown.  It appears he had a short break in service.

5. Item 23a (Primary Specialty Number, Title) of the above DD Form 214, shows the entry 11D2O, Armor Reconnaissance Specialist.

6.  On 17 December 1975, the applicant reenlisted in the Regular Army and served in MOS 19D (Cavalry Scout Observer).  Department of the Army, Orders Number 220-356, Headquarters, 7th Infantry Division, Ford Ord, California, dated 13 November 1984, shows the applicant was awarded MOS 11B (Infantryman) as a secondary MOS, effective 9 November 1984.  However, it does not show that he served as an Infantryman in the Republic of Vietnam. 

7.  On 12 January 1988, the applicant was separated for misconduct-drug abuse. He completed 12 years and 26 days of net active service this period and he had completed 3 years of prior service.  The DD Form 214, he was issued shows all of the above awards to include the Good Conduct Medal (3rd award), Noncommissioned Officer Professional Development Ribbon (Level 2), Army Service Ribbon, Air Assault Badge, Marksman Marksmanship Qualification Badge (Rifle M-16), Expert Marksmanship Qualification Badge (Pistol .45 Caliber).  

8.  Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) of the above DD Form 214, shows the entry “19D20 Calvary Scout 10 Years and 
2 Months//11B2O Infantryman 3 Years and 2 Months//Nothing Follows."

9.  There are no orders in the applicant's records awarding him the Combat Infantryman Badge.

10.  The applicant’s DD Form 214, issued on 12 March 1973 and the DD Form issued on 12 January 1988 correctly shows his date of birth as 8 August 1950.  The applicant's DD Form 4 (Enlistment Contract –Armed Forces of the United States) also shows his date of birth as 8 August 1950.

11.  The applicant's Birth Certificate from the Bureau of Records and Statistics, Department of Health, City of New York, confirms his date of birth is 8 August 1950.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty.  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 U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases that during the Vietnam era the CIB were awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of birth should be corrected on his 
DD Form 214.  The applicant also contends that he should be awarded the Combat Infantryman Badge.

2.  The applicant’s DD Form 214, issued on 12 March 1973 and the DD Form issued on 12 January 1988 correctly shows his date of birth as 8 August 1950.  
The birth certificate he submitted and his enlistment contract confirm the accuracy of the birth date recorded on his DD Forms 214.  Therefore, he has established no basis for correcting his birth date.

3.  The applicant's personnel record shows that he served in his duty MOS  
11D as an Armor Reconnaissance Specialist and as a Senior Scout Observer while assigned to HHC, 2nd Battalion, 1st Cavalry Division, and with Troop C, 1st Battalion, 10th Cavalry Division, in the Republic of Vietnam.  MOS 11D does not meet the criteria for award of the Combat Infantryman Badge.  
4.  Orders show that the applicant was awarded MOS 11B as a secondary MOS, effective 9 November 1984, after he returned from the Republic of Vietnam.

5.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit sufficient evidence that would satisfy this requirement.  Therefore, he is not entitled to correction of his records to show the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__    DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___        XXX                ___
                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.
ABCMR Record of Proceedings (cont)                                         AR20080000757



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ABCMR Record of Proceedings (cont)                                         AR20080000757



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