IN THE CASE OF:	  

		BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100014499 


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 effect, correction of item 23a (Specialty Number and Title) of his DD Forms 214 (Report of Transfer or Discharge) for the periods ending 16 October 1968, 17 October 1972, and 27 September 1973 to show military occupational specialty (MOS) 11B (light weapons infantryman).  He also requests award of the Combat Infantryman Badge.  

2.  The applicant states, in effect:

* He was never awarded MOS 76P2O (stock control and accounting specialist) and he only served in MOS 11B
* He never went to advanced individual training (AIT)
* His duty MOS was 11B in Vietnam and Germany
* He reenlisted as an 11D (armor reconnaissance specialist), but he never got the MOS
* The Combat Infantryman Badge was supposed to be on his discharge document
* He would have stayed in the service and retired but the Army wouldn't give him MOS 11D, so he got out

3.  The applicant provides his DD Forms 214 for the periods ending 16 October 1968, 17 October 1972, and 27 September 1973.


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 the Regular Army (RA) on 3 November 1965 for a period of 3 years.  His DA Form 20 (Enlisted Qualification Record) shows he completed basic combat training and AIT.  Orders, dated 24 March 1966, show he was awarded primary MOS 56A1O (supply handler).  He served in duty MOS's 56A1O, 71N2O (movement specialist), and 56E2O (stevedore) while assigned to the 119th Transportation Company in Vietnam from 12 June 1966 through 6 June 1967.  Orders, dated 21 August 1967, show he was awarded primary MOS 76A1O and MOS 56A1O was withdrawn.  Orders, dated               16 November 1967, show he was awarded primary MOS 76P2O.  His DA Form 20 shows his duty MOS was 76Y2O (supply clerk) in Germany from 4 April 1968 to 14 April 1968 and his duty MOS was 11B2O (automatic rifleman) in Germany from 15 April 1968 to 12 October 1968.  On 16 October 1968, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

3.  Item 23a of the applicant's DD Form 214 for the period ending 16 October 1968 shows the entry "76P2O Stk Cont & Acct Sp" [stock control and accounting specialist].  This DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

4.  The applicant's enlistment contract shows he enlisted in the RA on 15 January 1970 for a period of 3 years and his primary MOS is shown as 76P2O.  His DA Form 20 shows he served in duty MOS 76V2O (pack crate specialist) and 76P2O assigned to the U.S. Army Depot, Qui Nhon and the 853rd Signal Detachment in Vietnam from 5 February 1970 to 21 December 1970.  On 17 October 1972, he was honorably discharged for immediate reenlistment.


5.  Item 23a on the applicant's DD Form 214 for the period ending 17 October 1972 shows the entry "76P2O STK CONTR & ACCT SPEC" [stock control and accounting specialist].  This DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

6.  The applicant's enlistment contract shows he reenlisted in the RA on 
18 October 1972 for a period of 6 years for Army Career Group Reenlistment Option (ACG-11) and his primary MOS is shown as 76P2O.  His DA Form 20 shows he was assigned to Fort Campbell, KY for on-the-job training on
20 October 1972 and his duty MOS was 11D2O (scout observer).  On
27 September 1973, the applicant was discharged with a general discharge.  His discharge orders, dated 27 September 1973, show his MOS as 76P2O.

7.  Item 23a of the applicant's DD Form 214 for the period ending 27 September 1973 shows the entry "76P2O (SEE [item] 30) STOCK CONTR & ACCT SPEC."  Item 30 (Remarks), shows among other entries, "I-23a [Item 23a]:  MAY 68 NONE, NONE."  This DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

8.  There is no evidence of record which shows the applicant was awarded MOS 11B.

9.  There are no orders for the Combat Infantryman Badge in the available records.

10.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.

11.  Army Regulation 600-8-22 (Military Awards) states 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.

12.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and 


that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's contention he was never awarded MOS 76P2O and he only served in MOS 11B.  Orders show he was awarded primary MOS 76P2O on 16 November 1967.  His discharge orders, dated 27 September 1973, show his MOS was 76P2O.  There is no evidence of record which shows he was awarded MOS 11B.   Therefore, there is insufficient evidence on which to amend item 23a of his DD Forms 214 for the periods ending 16 October 1968, 17 October 1972, and 27 September 1973.

2.  The applicant contends the Combat Infantryman Badge was supposed to be on his discharge document but he failed to provide any evidence to support this contention.   There are no orders for the Combat Infantryman Badge.  The evidence of record shows he served as a supply handler assigned to a transportation company during his first assignment in Vietnam and he served as a stock control and accounting specialist assigned to the U.S. Army Depot, Qui Nhon and the 853rd Signal Detachment during his second assignment in Vietnam.  There is no evidence of record which shows he was an infantryman who served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

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)                                         AR20100014499



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ABCMR Record of Proceedings (cont)                                         AR20100014499



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