IN THE CASE OF:	 

		BOARD DATE:	  6 NOVEMBER 2008

		DOCKET NUMBER:  AR20080013286 


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, in effect, that the MOS (Military Occupational Specialty) he held in Vietnam be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.  He further requests that he be awarded the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was not a wireman during his tour of duty in Vietnam.  He was assigned to an artillery battery.  He adds that the Army failed to enter the MOS that he was assigned, that of Ammunition Handler, while he served in Vietnam, on his DD Form 214.  He was also not awarded a Combat Infantryman Badge.  He concludes that these omissions were an oversight.

3.  In support of his request, the applicant provides a copy of his DD Form 214 and a copy of a certificate for award of the Army Commendation Medal he received for the period September 1967 through August 1968 while he served as an Ammunition Handler.

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 records show he was inducted into the Army of the United States on 9 January 1967.  He completed basic combat training at Fort Ord, California, and his advanced individual training at Aberdeen Proving Ground, Maryland.  After completing all required training, he was awarded MOS 36K (Tactical Wire Operations Specialist).

3.  The applicant served in Vietnam from 26 August 1967 through 24 August 1968 with the 6th Battalion, 29th Artillery Regiment, 4th Infantry Division.

4.  The applicant was honorably released from active duty, on 28 August 1968, under the provisions of Army Regulation 635-200, as an early release overseas returnee.  He was separated in the rank and pay grade of Specialist Four, E-4.  Item 23a, (Specialty Number and Title) of the applicant's DD Form 214 shows he held MOS 36K when he was released from active duty.  On the date he was released from active duty, he had completed 1 year, 7 months, and 21 days of active military service, with no lost time.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded:  the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar [M-14 Rifle] and one overseas service bar.  The Combat Infantryman Badge is not shown on the applicant's DD Form 214.

6.  There is no entry in Item 41 (Awards and Decorations) of the DA Form 20, Enlisted Qualification Record, showing the applicant was awarded the Combat Infantryman Badge.

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


8.  Item 22 (Military Occupational Specialty) of the applicant's DA Form 20 shows he was awarded the MOS 36K in July 1967.  Item 38 (Record of Assignments), of the applicant's DA Form 20 shows he held and performed the duties of a Switchboard Operator and Wireman, in MOS 36K, while he served in Vietnam.  There is no entry in Item 38 of the applicant's DA Form 20 to support the entry shown on the applicant's awards certificate that he served as an Ammunition Handler.

9.  AGUZ-PAD-S Letter Orders Number 12-1472704, prepared by the Office of the Adjutant General, US Army Reserve Components Personnel Administration Center, St. Louis, Missouri, show that at the time of his discharge from the US Army Reserve Control Group (Standby) he held MOS 36K.

10.  There is no evidence in the applicant's service personnel records, and the applicant provided none, to show that he was reclassified to an infantry MOS or to another MOS while he served on active duty or while he served in Vietnam.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry 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 Human Resources 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was assigned to the 6th Battalion, 29th Artillery Regiment, 4th Infantry Division, while he served in Vietnam, as he contends.

2.  The applicant contends that he was not assigned as a wireman; however, his Enlisted Qualification Record shows that while he served with the above unit, he performed the duties of switchboard operator and wireman, duties related to the MOS 36K.  He requested that the MOS for the duty title shown on his awards certificate be added to his DD Form 214; however, there is no evidence, and the applicant provided none, to show that he was reclassified into another MOS while he served in Vietnam and that another MOS should be shown on his DD Form 214.


3.  Based on the evidence, the applicant is not entitled to a change to the MOS now shown in Item 23a of his DD Form 214.

4.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

5.  The applicant held a non-infantry MOS, the MOS of 36K, and he was assigned to a battery of an artillery unit while he served in Vietnam.

6.  There is no evidence and the applicant provided none to show that he held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size while he served in Vietnam.

7.  There is no evidence and the applicant provided none to show that he served in active ground combat while assigned or attached to an infantry unit while he served in Vietnam.  Even if he served in active ground combat while assigned or attached to an infantry unit of the requisite size, he was not eligible for award of the Combat Infantryman Badge at the time and he is not now eligible for award of the Combat Infantryman Badge because he did not hold an Infantry MOS.

8.  Based on the available evidence, the applicant is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  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.




      _______ _   _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)                                         AR20080013286



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ABCMR Record of Proceedings (cont)                                         AR20080013286



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