IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20080002806 


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 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). 

2.  The applicant states, in effect, that while assigned to the Republic of Vietnam (RVN), he served as an 11B (Light Weapons Infantryman) and was wounded in action and ultimately received a Purple Heart.  He states in effect, that he was MEDEVACED (medically evacuated) before he could be awarded the CIB.  The applicant finally states, in effect, that he never trained or served as a 13A (Cannoneer) but was assigned to an artillery unit and was attached to the hospital at Fort Carson, Colorado.   

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of pages 1 - 4 of his DA Form 20 (Enlisted Qualification Record) in support of this application.

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 DD Form 214 shows that he was inducted into the Army of the United States on 15 January 1969.  The applicant’s DD form 214 shows that he was awarded the (MOS) 13A (Cannoneer).  The highest rank he attained while serving on active duty was Specialist Four (E-4). 

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the RVN from 2 October 1969 to 28 November 1969, and during this tour he was assigned to Company A, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade performing duties in MOS 11B, Rifleman.
 
4.  Item 39 (Campaigns) of the applicant's DA Form 20 shows that he participated in the Vietnam Summer-Fall 1969 Campaign.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the National Defense Service Medal (NDSM), the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-14), the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  

6.  On 14 January 1971, the applicant was released from active duty with a honorable discharge and transferred to the United States Army Reserves (USAR) after completing a total of 2 years of active military service.  The DD Form 214 he was issued shows he earned the following awards during his active duty tenure:  the National Defense Service Medal, the VSM with one bronze service star, and the Purple Heart.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the CIB.    

8.  General Order Number 219, Headquarters, Surgerical Hospital, APO San Francisco, dated 12 November 1969, shows that the applicant was wounded in action while he was assigned to the 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade.

9.  Special Order Number 194, Headquarters, The Candidate Brigade (PROV) USAIS, Fort Benning, Georgia, show that the applicant was awarded the MOS 11B (Light Weapons Infantryman) on 9 August 1969.

10.  Item 22 (Military Occupational Specialties) of the applicant’s DA Form 20, shows that 13 A (Cannoneer) was designated as his primary MOS on 20 June 1970 and Item 22 also shows that 11B was designated as his secondary MOS on the same date. 

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

12.  Army Regulation 600-200 provides, in pertinent part, that a Soldier who can perform duties required of any 3-character MOS may be awarded that MOS.  However, he or she must be qualified in accordance with the specifications and qualifications required for a particular MOS.  A new MOS will be awarded on qualification in any MOS (including prior military service), successful completion of MOS producing training, successful completion of on-the-job training for not less than 60 days, change in MOS structure, identifying civilian acquired skills having a direct MOS counterpart, and withdrawal of a PMOS.

13.  Army Regulation 635-5 (Separation Documents) in effect at that time, provides, in pertinent part, to enter the PMOS code number and title in Item 23a of the DD Form 214.  

14.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

15.  Paragraph 2-13 provides guidance on the VSM.  It states, in pertinent part, that one bronze service star is authorized for each RVN campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns, and it shows that during his tenure of assignment, the applicant was credited with participating in the Summer-Fall 1969 Campaign and the Vietnam Winter-Spring 1970 Campaign.

16.  Department of the Army Pamphlet 672-3 shows that, at the time the applicant was assigned to the 1st Battalion, 52nd Infantry Regiment, 196th Infantry Brigade, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Device, for the period 24 August to 31 December 1969 by Department of the Army General Orders Number 42, dated 1972.

17.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Infantryman Badge as a result of his being assigned to and wounded in action while in the RVN was found to have merit.  The applicant’s contention that his PMOS was 11B (Light Weapons Infantrymen) during his military service in the RVN was carefully considered and found to have merit.

2.  Evidence of record shows that the applicant was awarded 11B (Light Weapons Infantryman) as his PMOS upon his graduation from basic and advanced individual training prior to his deployment to the RVN.  Evidence of record shows that the applicant was assigned and served as an 11B while he was assigned to the 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade in the RVN.  Evidence of record shows that applicant was wounded in action while assigned to the 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade in the RVN.  Therefore, he is entitled to award of the Combat Infantryman Badge.

3.  Evidence of record shows that 11B (Light Weapons Infantryman) was withdrawn as the applicant’s PMOS on 20 June 1970 and 13A (Cannoneer) was award as his PMOS.  Therefore, he not entitled to have his DD Form 214 corrected to show 11B as his PMOS.

4.  Evidence of record show the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already awarded VSM.


5.  General Orders Number 42, dated 1972, show that the 1st Battalion, 52nd Infantry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant’s unit while he was assigned there.  It is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

6.  The applicant's DD Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

7.  The applicant's DD Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x_____  ___x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  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 Medal with one bronze star from his DD Form 214, dated 14 January 1971; and

      b.  adding award of the Combat Infantryman Badge, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Device, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 


2.  The Board further determined that 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 correcting his records to replace 13A (Cannoneer) with 11B (Light Weapons Infantryman) as his PMOS.



                     __________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.

ABCMR Record of Proceedings (cont)                                         AR20080002806



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ABCMR Record of Proceedings (cont)                                         AR20080002806



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