IN THE CASE OF:	

		BOARD DATE:	18 June 2009  

		DOCKET NUMBER:  AR20090003638 


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 military occupational specialty (MOS) 11B (Infantryman) and award of the Combat Infantryman Badge.  

2.  The applicant states, in effect, that he was asked to be an officer in a local veteran's service organization.  A review of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with a separation date of 10 July 1969, shows that he was not awarded the Combat Infantryman Badge.  He states that his initial MOS was as an accountant in the data processing section for a military garrison.  When his unit deployed to the Republic of Vietnam and when his unit redeployed and he was separated from the Army, he did not take time to ensure that his MOS was properly changed to MOS 11B.

3.  The applicant provides a copy of his DD Form 214 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 military personnel record shows he enlisted in the Regular Army on 15 August 1966 for a 3-year period.  He successfully completed basic combat and advanced individual training and was awarded MOS 63B (Wheeled Vehicle Mechanic).  

3.  On 10 July 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 issued to the applicant shows he completed a total of 2 years, 10 months, and 26 days of active federal service with 1 year and 10 months of foreign service in the Republic of Vietnam.  During the applicant's two tours in the Republic of Vietnam, he served in the 56th Adjutant General Data Processing Unit between 2 March 1967 to 12 October 1967; and he served in the 9th Administrative Company, 9th Infantry Division between 15 January 1969 to 24 February 1969; and in the Headquarters and Company A, 9th Infantry Division as a wheeled vehicle mechanic; and then in Company C, 3rd Battalion, 60th Infantry, 9th Infantry Division as a Personnel Accounting Specialist between      28 June 1969 to 10 July 1969.

4.  Item 23a (Specialty Number and Title) of the applicant's DD Form 214 shows that his MOS was 74C.

5.  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 Combat Infantryman Badge.

6.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 63B (Wheeled Vehicle Mechanic) on 1 January 1967.  Then on 2 May 1968, MOS 74C (Personnel Accounting Specialist) was awarded as his primary MOS with 63B noted as his secondary MOS.  

7.  A review of the applicant's military service record does show he held MOS 63B and 74C.

	a.  Headquarters, U.S. Army Training Center, Fort Jackson, South Carolina, Special Orders Number 5, dated 7 January 1967, awarded the applicant primary MOS 63B2O effective 1 January 1967.
	b.  Headquarters, U.S. Army, Ryukyu Islands, APO, San Francisco, Special Orders Number 103, dated 2 May 1968, awarded primary MOS 74C2O and secondary MOS 63B2O, and withdrew primary MOS 63B2O.

8.  Army Regulation 635-5 (Separation Documents) provides for the entry of the titles of all MOSs served in for at least 1 year in item 11 of the DD Form 214 and include for each MOS the number of years and months served.  For time determination 16 days or more count as a month.  Time spent in basic training and advanced individual training are not counted.  The source document used to prepare the DD Form 214 is the Soldier's Personnel Qualification Record and available permanent military orders.  For enlisted Soldiers specify the first 5 characters of the primary MOS, which includes the 3 characters of the MOS, the fourth character of skill and grade level in MOS, and the fifth character of a special qualification identifier, enter a "O" when not applicable. 

9.  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.  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.

10.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his enlisted MOS was 11B and that he was entitled to award of the Combat Infantryman Badge was carefully considered.

2.  The evidence of record does not show that the applicant was awarded and held MOS 11B.  The evidence of record does show that the applicant held MOS 
63B and then MOS 74C during his period of active duty service.  Records do 

show that he served with Headquarters and Company A, 9th Infantry Division and with Company C, 3rd Battalion, 60th Infantry, 9th Infantry Division, but not as an infantryman.

3.  Therefore, there is insufficient evidence to show he should have been or should now have his records corrected to show he was awarded MOS 11B.

4.  As the applicant did not hold primary MOS 11B, there is no justification to award the applicant the Combat Infantryman Badge for he did not meet the first criteria for that award; that a Soldier must hold an infantry MOS.  

5.  When the applicant entered the Regular Army, he was trained in basic infantry skills which include basic and often advanced weapons training, physical fitness, infantry tactics, and survivability on the battlefield to include first aid and field sanitation, and communications.  It is acknowledged that the applicant was trained in basic infantry skills during his indoctrination training and that he served with an infantry unit.  However, this fact does not support award of an infantry MOS or award of the Combat Infantryman Badge.

6.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

7.  Therefore, there is insufficient evidence to grant the applicant's request to award MOS 11B and 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.




      _______ _   _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)                                         AR20090003638



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ABCMR Record of Proceedings (cont)                                         AR20090003638



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