IN THE CASE OF:	  

		BOARD DATE:	  4 August 2009

		DOCKET NUMBER:  AR20090005139 


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 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.

2.  The applicant states, in effect, that the awards were left off his DD Form 214 due to an administrative oversight.

3.  The applicant provides a copy of his DD Form 214, dated 14 November 1968; a copy of his DA Form 20 (Enlisted Qualification Record); a copy of his DD Form 47 (Record of Induction), dated 15 November 1966; and a copy of Letter Orders Number 10-1409460, dated 18 October 1972, 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 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 records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is unclear if the applicant’s records were lost or destroyed in that fire.  However, the applicant submitted sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  The applicant's reconstructed records show he was inducted into the Army of the United States on 15 November 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman) on 7 April 1967.  However, item 22 (Military Occupational Specialties) of his DA Form 20 shows a line drawn through the 11B entry and a new entry is made showing he was awarded MOS 94B (Cook) on 1 December 1967.  

4.  The applicant's DA Form 20 shows he served in the Republic of Vietnam.  However, his period of service cannot be determined:

	a.  item 31 (Foreign Service) of his DA Form 20 shows he served in the Republic of Vietnam from 3 May 1967 to 2 May 1968;

	b.  item, 38 (Record of Assignment) of his DA Form 20 shows he departed Fort Polk, LA, enroute to the U.S. Army Pacific Command (USARPAC) on 7 April 1967 and was assigned to as to Company C, 2nd Battalion, 34th Infantry, 9th Infantry Division, as follows:

		(1) from 10 May 1967 to 14 May 1967 as an infantry indirect fire crewmember in MOS 11C; 

		(2) from 14 May 1967 to 21 December 1967 as an automatic rifleman in MOS 11B (Light Weapons Infantry);

		(3) from 21 December 1967 to 12 April 1968 as a light weapons infantryman in MOS 11B; and

		(4) on 12 April 1968, he departed his unit to the 106th General Hospital in a patient status. 

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded the Combat Infantryman Badge under the authority of Special Orders Number 181, issued by Headquarters, 9th Infantry Division, in 1967.  A copy of the special orders is not available for review with this case.

6.  He was honorably separated in the rank /grade of specialist four (SP4)/E-4 on 14 November 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.  

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and two overseas service bars.  Item 24 does not show award of the Combat Infantryman Badge.

8.  Item 30 (Remarks) of his DD Form 214 shows he was separated from the service on temporary records and temporary finance records. 

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.

2.  The applicant’s record contains conflicting information with respect to his MOS and insufficient information with respect to his service in Vietnam.  Item 22 of his DA Form 20 shows he held a cook MOS while item 38 shows he performed duties of an infantryman in Vietnam.  Furthermore, item 33 shows he served in Vietnam from 3 May 1967 to 2 May 1968 while item 38 shows he was in a patient status in a USARPAC hospital on 12 April 1968.  Additionally, he was separated on temporary records.

3.  Notwithstanding the entry shown on his DA Form 20 that he was awarded the Combat Infantryman Badge under the authority of Special Orders Number 181, issued by Headquarters, 9th Infantry Division, in 1967, in the absence of the actual orders or other documentary evidence that shows he held an infantry MOS and was assigned to an infantry unit during such time as the unit is engaged in active ground combat and that he actively participated in such ground combat, there is insufficient evidence to grant the applicant relief in this case.

BOARD VOTE:

____X___  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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)                                         AR20090005139



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ABCMR Record of Proceedings (cont)                                         AR20090005139



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