IN THE CASE OF:
BOARD DATE: 06 NOVEMBER 2008
DOCKET NUMBER: AR20080014042
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 his records be corrected to show the award of the Combat Infantryman Badge.
2. The applicant states that while he was in the Republic of Vietnam he never worked in military occupational specialty (MOS) 76X (Subsistence Supply Specialist) or MOS 55A (Ammunition Helper). He states that he worked in MOS
11B2O and 11B4O before he left the Republic of Vietnam. He was told to wear the Combat Infantryman Badge and it would appear on his separation document (DD Form 214). However, the Combat Infantryman Badge was never added to his DD Form 214 along with his other medals.
3. He states, in effect, that he was attached to Company C, 52nd Infantry serving in pay grade E-3 until he was promoted to E-5 and he served as a squad leader. He does not understand why his record does not show his service in MOS 11B2O and 11B4O; it only shows service in MOS 76X and 55A.
4. The applicant provides a copy of a written statement.
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 applicants 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 applicants 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 was inducted into the Army of the United States on 25 July 1966. He completed the necessary training and was awarded MOS 55A. He was later awarded MOS 76X as his MOS.
3. He served in duty MOS 11B2O and 11B4O as a senior security guard and squad leader while assigned to Headquarters Area Command (HAC) and attached to Company C, 52nd Infantry, with duty at Headquarters and Headquarters Detachment (HHD), 716th Military Police Battalion in the Republic of Vietnam during the period 1 January to 7 July 1968.
4. He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 10 July 1968. He completed 1 year, 11 months, and 16 days of Net Service This Period.
5. The applicant's DD Form 214 in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the award of the Combat Infantryman Badge.
6. The applicant's record does not contain any MOS orders which show he was awarded MOS 11B as his primary MOS.
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 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 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 applicant contends that his record should be corrected to show the Combat Infantryman Badge because he worked in MOS 11B2O and 11B4O.
2. The evidence shows that the applicant was attached to HHD, 716th Military Police Battalion in the Republic of Vietnam while serving in duty MOS 11B2O and 11B4O as a senior security guard and squad leader. MOS 11B was not his primary MOS and he did not serve as a rifleman while assigned to an infantry unit of brigade, regimental, or smaller size as he engaged with enemy forces in combat. Therefore, the applicant is not entitled to correction of his records to show award of the Combat Infantryman Badge.
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.
_______ _ 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.
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