IN THE CASE OF:
BOARD DATE: 10 March 2009
DOCKET NUMBER: AR20080018311
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 National Archives (NA) Form 13038 (Certification of Military Service) be corrected to show a "to" date of 23 April 1971. The applicant also requests that he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states that he was assigned to an infantry unit in Vietnam and served two tours in Vietnam.
3. The applicant provides his NA Form 13038 and excerpts from his military records.
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 records show that he was inducted into the Army on 8 April 1963, and he was awarded military occupational specialty (MOS) 310.10, field communications crewman. Later his MOS was changed to MOS 36K, field wireman. He was honorably released from active duty on 25 March 1965 and transferred to the U.S. Army Reserve Control Group (Annual Training).
3. The applicant's records do not contain the enlistment contract for his next period of service, the period for which the Statement of Service was issued, nor is there a DD Form 214 for this period of service. However, on 10 May 1965 a request for waiver of his reentry code was initiated to allow him to enlist as prior service. That request was approved. On 29 November 1966, letter orders were issued discharging the applicant from the USAR effective 23 June 1965 for enlistment in the Regular Army.
4. The applicant's second DD Form 214 of record is for the period 9 July 1968 to 23 April 1971.
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in MOS 36K, field wireman throughout his military service.
6. On 22 May 2007, an NA Form 13038 was issued which shows the applicant served in the Regular Army from 26 March 1965 to 8 July 1968. An NA Form 13038 is issued when a DD Form 214 cannot be located for a Soldier's active service, or to reflect a name change.
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. Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
8. Title 10, U.S. Code, Section 1552, Correction of military records: claims incident thereto, states that the Secretary of a miltiary department may correct any military record of the Secretary's department when the Secretary considers it necessary to correct an error or remove an injustice.
DISCUSSION AND CONCLUSIONS:
1. The applicant served throughout his military service as a field wireman. As such, he does not meet the criteria for award of the CIB.
2. The NA Form 13038 the applicant has requested to be corrected is a National Archives and Records Administration form. In accordance with Title 10, U.S. Code, Section 1552, the Board does not have the authority to correct forms other than Department of the Army forms. As such, this portion of the applicant's request cannot be considered by the Board. However, it is noted that the "from" date of this form is in error. It shows the applicant began that period of service on 26 March 1965 while documents in his military records show that he did not begin that period of military service until 23 June 1965.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20080018311
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080018311
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080015687
Item 41 (Awards and Decorations) of this same document had an entry which showed that he was awarded the CIB, but this entry, which did not contain an authority for awarding the CIB, was also struck through. There is no evidence that he performed duties in MOS 11 on his DA Form 20. Further, although he provides pictures from his service in the RVN, these pictures do not conclusively show that he was performing infantryman duties or that he was actively engaged in combat against the enemy.
ARMY | BCMR | CY2004 | 2004100341C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the first award of the Good Conduct Medal for the period 19 September 1966 to 2 September...
ARMY | BCMR | CY2006 | 20060003592C070205
The applicant requests that his records be corrected by awarding him the Combat Infantryman Badge (CIB). The applicant entered active duty on 3 July 1967, he completed the training requirements and he was awarded military occupational specialty (MOS) 36K (Field Wireman). The applicant was not awarded an infantry MOS and as such he is not entitled to award of the Combat Infantryman Badge.
ARMY | BCMR | CY2008 | 20080004261
The applicant's records show he enlisted in the Regular Army for a period of 3 years on 19 June 1970. The applicants records show that he served in the Republic of Vietnam from 5 June 1971 to 28 March 1972. Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge (CIB).
ARMY | BCMR | CY2013 | 20130011409
The applicant requests award of the Combat Infantryman Badge (CIB). Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. Therefore, absent evidence of record to show he served in a qualifying MOS in active ground combat while he was assigned to or attached to an infantry or infantry-type unit in Vietnam, there is an insufficient basis for...
ARMY | BCMR | CY2009 | 20090009322
After serving his initial permanent duty assignment at Fort Bragg, North Carolina, he departed for the Republic of Vietnam on 24 October 1966 and was assigned to Company A, 4th Battalion, 9th Infantry Regiment, first as a Field Wireman in duty MOS 36K and later as a Senior Wireman in duty MOS 36K. The applicant's military records do not show that he was awarded the Combat Infantryman Badge and there are no special orders awarding him the Combat Infantryman Badge in his military records. ...
ARMY | BCMR | CY2004 | 20040009839C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 June 2005 DOCKET NUMBER: AR20040009839 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of his records to show award of the Combat Infantryman Badge. The applicant’s military records are not available to the Board.
ARMY | BCMR | CY2009 | 20090004713
BOARD DATE: 18 August 2009 DOCKET NUMBER: AR20090004713 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add award of the CIB.
ARMY | BCMR | CY2011 | 20110006208
The applicant requests award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. The evidence of record shows he held and served in MOS 36K during his period of service in Vietnam. ABCMR Record of Proceedings (cont) AR20110006208 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110006208 2 ARMY BOARD FOR CORRECTION OF...
ARMY | BCMR | CY2007 | 20070012979C080213
His DD Form 214 for the period ending 22 April 1969 shows he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the VN Unit Citation, two overseas bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar M-14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. Therefore, the Board requests that the CMSD-St. Louis...