IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100001055 


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 records to show award of the Combat Infantryman Badge.

2.  The applicant states he served in the Vietnam for 14 months.  He states he served his first 7 months in military occupational specialty (MOS) 11D (Armor Intelligence Specialist) and should have been awarded the Combat Infantryman Badge.  He then served his last 7 months in Vietnam in MOS 76Y (Supply Specialist).  He adds his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show MOS 11D.

3.  The applicant provides a copy of page 3 of his DA Form 20 (Enlisted Qualification Record) 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 was inducted into the Army of the United States on 13 June 1967.  He was awarded MOS 11D1O as his primary MOS on 13 October 1967.

3.  The applicant's DA Form 20 shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 8 November 1967 through 15 January 1969; and

	b.  item 38 (Record of Assignments) that he served in:

		(1)  duty MOS 11D while assigned to Troop D, 1st Squadron, 9th Cavalry, 1st Cavalry Division (Airmobile), from 13 November through 4 December 1967;

		(2)  duty MOS 11D while assigned to Troop C, 1st Squadron, 9th Cavalry, 1st Cavalry Division (Airmobile), from 5 December 1967 through 25 June 1968; and

		(3)  duty MOS 76Y while assigned to Troop C, 1st Squadron, 9th Cavalry, 1st Cavalry Division (Airmobile), from 26 June 1968 through 13 January 1969.

	c.  Item 41 (Awards and Decorations) does not show award of the Combat Infantryman Badge.

4.  Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 178, dated 26 June 1968, withdrew the applicant's primary MOS of 11D2O and awarded him 76Y2O as his primary MOS and 11D2O as his secondary MOS.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 16 January 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  At the time he had completed 1 year, 7 months, and 4 days of net active service and 1 year, 1 month, and 9 days of foreign service.

	a.  Item 23a (Specialty Number and Title) shows "76Y2O Supply Clerk."

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), two overseas service bars, Army Commendation Medal, and Bronze Star Medal.

6.  The applicant's military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance on the preparation of the DD Form 214.  It stated that all available records would be used as a basis for the preparation of the DD Form 214, including the Service Record, Enlisted/Officer Qualification Record, and orders.

	b.  It stated to enter the primary MOS code number and title for item 23a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show MOS 11D and that he was awarded the Combat Infantryman Badge because he held and served in MOS 11D in Vietnam.

2.  The applicant was awarded 11D1O as his primary MOS on 13 October 1967.  On 26 June 1968, special orders withdrew 11D2O as the applicant's primary MOS and awarded him 76Y2O as his primary MOS.  Item 23a of his DD Form 214 shows "76Y2O Supply Clerk."  The Army regulation is clear that the primary MOS code number and title will be entered in item 23a of the DD Form 214.  Thus, the applicant's DD Form 214 correctly shows his primary MOS at the time he was released from active duty.  Therefore, he is not entitled to correction of item 23a of his DD Form 214.


3.  The applicant's claim to the Combat Infantryman Badge was carefully considered.

	a.  Records show the applicant was awarded MOS 11D and that he served in MOS 11D while assigned to the 1st Squadron, 9th Cavalry, 1st Cavalry Division (Airmobile) in Vietnam.  However, this evidence, alone, is insufficient as a basis for award of the Combat Infantryman Badge.

	b.  The evidence of record fails to show the applicant satisfactorily performed infantry duties during such time as his unit was engaged in active ground combat and that he actively participated in such ground combat.  In addition, there are no orders or other evidence in the applicant's military service records that show he was awarded the Combat Infantryman Badge.

	c.  Therefore, in view of the foregoing, the available evidence is insufficient to support the applicant's claim to the Combat Infantryman Badge.

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 this requirement.

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)                                         AR20100001055



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ABCMR Record of Proceedings (cont)                                         AR20100001055



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