IN THE CASE OF:	  

		BOARD DATE:	  13 NOVEMBER 2008

		DOCKET NUMBER:  AR20080013947 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Combat Infantryman Badge (CIB) and that item 25 (Education) of his DD Form 214 be corrected to show that he completed infantry advanced individual training (AIT).

2.  The applicant states, in effect, that his DD Form 214 was corrected on 27 July 1970 but he did not notice that the CIB was not listed on his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214 and a copy of his DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), in support of his 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 record shows that he was inducted into the Army of the United States on 2 December 1966.  He completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Infantryman).  The highest grade he held was private first class (PFC)/E-3.

3.  The applicant's DA Form 20 shows that he served in the Republic of Vietnam (RVN) from 15 June 1967 to 14 June 1968 and that during his RVN tour he was assigned to the 2nd Battalion, 502nd Infantry Regiment,101st Airborne Division, performing duties in MOS 11B1P, Rifleman.  However, there is no evidence in the applicant’s records which shows that he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.  
4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the National Defense Service Medal (NDSM), the Parachute Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Vietnam Service Medal (VSM) during his active duty tenure.

5.  On 20 December 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) after completing a total of 2 years of active military service.  Item 24 of the DD Form 214 that the applicant was issued does not show award of the CIB. Item 25 of the DD Form 214 does not show that he attended AIT.

6.  The applicant was issued a DD Form 215, dated 27 July 1970 to show that Item 24 of his DD Form 214 was corrected to add the following awards:  the Bronze Star Medal, the Vietnam Service Medal with 3 Bronze Service Stars, the Republic of Vietnam, Campaign Medal with "60" Device, the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

7.  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.

8. Army Regulation 635-5 (Separation Documents), then in effect, prescribed that separation documents must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contained item-by-item preparation instructions.  The instructions for preparing Item 15 (Education and Training Completed), was intended to assist the Soldier in job placement and counseling; therefore, training courses for combat skills were not entered.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contentions that his records should be corrected to show award of the CIB and to show that he attended Infantry AIT were carefully considered and found to be without merit.  

2.  There is no evidence of record nor has the applicant submitted any evidence that shows he was awarded the CIB.  Evidence of record shows that he served in an infantry MOS in an infantry unit.  However, the applicant's records do not show and he did not provide any evidence to show that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Therefore, he is not entitled to award of the CIB.

3.  AR 635-5 does not authorize the listing of training courses in combat skills in item 25 of the DD Form 214.  Therefore, the applicant is not entitled to have his AIT course added to his record. 
  
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_______  _________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ____X___  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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)                                         AR20080013947



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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