IN THE CASE OF:
BOARD DATE: 27 May 2009
DOCKET NUMBER: AR20090003658
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 two applications that his records be corrected to show that he was not a radio operator, and that he was awarded the Combat Infantryman Badge (CIB).
2. The applicant states that he was not a radio operator. However, his first sergeant told him that since the Army said he was a radio operator, then he was a radio operator. He continues by describing how poorly he did as a radio operator, what occurred on the bases he was assigned to, and adds that he did everything that the infantrymen did except stay out overnight.
3. The applicant provides a detailed chronology of the activities of his unit and of his unit's numerous accomplishments.
4. The applicant provides excerpts of DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) and summaries of operations conducted by his unit in support of his request.
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. He enlisted in the Regular Army on 2 June 1969, was awarded the military occupational specialties (MOS) of pioneer and radio operator, and served in Germany and then in Vietnam from 15 November 1970 to 26 May 1971.
3. Item 38 of the applicant's DA Form 20 (Enlisted Qualification Record) shows that while in Vietnam the applicant was assigned as a radio operator to Headquarters and Headquarters Company, 2d Battalion, 502d Infantry, from 27 November 1970 to 21 May 1971.
4. The applicant was honorably released from active duty on 27 May 1971 in pay grade E-4.
5. Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) prescribes the requirements for award of MOSs in the Army. The MOS for radio operator does not require formal training.
6. 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. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.
7. U.S. Army Vietnam Regulation 672-1 Combat Infantryman Badge guidance also states that radio/telephone operators are entitled to the CIB but only if their primary duty was to accompany infantry or infantry-type units on tactical operations.
DISCUSSION AND CONCLUSIONS:
1. The applicant was never awarded the MOS of infantryman. While the applicant was a radio/telephone operator, and radio/telephone operators were entitled to a CIB if their primary duty was to accompany infantry or infantry-type units on tactical operations, the applicant himself stated that he did everything an infantryman did except for stay out overnight. Therefore, it is evident that he performed his duties in garrison and did not accompany infantry or infantry-type units on tactical operations.
2. While it is accepted that the applicant performed infantry type duties, he was assigned to a base camp in Vietnam. Every Soldier is an infantryman first, which is why all Soldiers are given basic combat training when they first enter active duty. However, the performance of these duties does not mean the applicant was an infantryman or, therefore, was entitled to the CIB.
3. While the applicant was not trained to be a radioman, this MOS does not require formal training. It is apparent that his command gave him on the job training to be a radioman and, when he gained sufficient proficiency, awarded him that MOS. As such, there is no reason for removing this MOS from the applicant's 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) AR20090003658
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ABCMR Record of Proceedings (cont) AR20090003658
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