IN THE CASE OF:	 

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090014844 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he was trained as a clerk typist but that when he arrived in the Republic of Vietnam during the second Tet Offensive campaign he was assigned to an interrogation unit.  He states he was responsible for the movement of persons of interest or prisoners to a compound for interrogation.  He further states he served for 8 months in a combat environment and that he was not awarded combat medals for his service.  Therefore, he would like his records corrected to show award of the CIB so as to be entitled to higher monetary compensation from the Department of Veterans Affairs (VA).  He also states he suffers from post-traumatic stress disorder.

3.  The applicant provides a self-authored statement, an excerpt from his VA medical records, and letter orders showing he was authorized to travel on temporary duty orders 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 enlisted in Regular Army on 7 August 1968 for a 3-year period of service.  He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 71B (Clerk Typist).  The highest rank he attained was specialist (temporary)/pay grade E-4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record), dated 12 August 1968, shows he served in the Republic of Vietnam from 15 January 1969 to 28 September 1969.  He was assigned to Advisory Team 95, III Corps Advisory Group.

4.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 shows he was awarded primary MOS 71B on 6 December 1968.

5.  Item 41 (Awards and Decorations) of his DA Form 20 shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the First Class Grenade Qualification Badge.

6.  The applicant was honorably released from active duty on 7 November 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He was issued a DD Form 214 that shows he served on active duty for 1 year, 3 months, and 1 day and that his creditable foreign service in the Republic of Vietnam was 8 months and 14 days.

7.  Item 23a (Specialty Number and Title) of the applicant's DD Form 214 shows his MOS was 71B upon separation from active duty.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Marksman Marksmanship Qualification Badge with Rifle Bar, and one overseas services bar.  This DD Form 214 does not show award of the CIB.

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 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he performed infantry duties in a combat environment and thus should be entitled to award of the CIB.  With award of the CIB, he will be eligible for enhanced VA benefits.

2.  The evidence of record does not show that the applicant was awarded MOS 11B or a similar infantry MOS.  Records do show the applicant held MOS 71B.  Therefore, is no evidence to support awarding the applicant the CIB for he did not meet the primary criteria for that award, in that a Soldier must hold an infantry MOS.

3.  When the applicant entered the Regular Army, he was trained in basic infantry skills that included basic and often advanced weapons training, physical fitness, infantry tactics, and survivability on the battlefield to include first aid, field sanitation, and communications.  While the applicant and all Soldiers entering the U.S. Army attend basic training where the preponderance of skills are basic infantryman skills, the applicant himself states he was trained as a clerk typist, a non-infantry MOS.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board 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.

5.  Therefore, there is insufficient evidence to grant the applicant's request to award the CIB.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20090014844



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014844



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1