IN THE CASE OF:	  

		BOARD DATE:	 25 January 2011 

		DOCKET NUMBER:  AR20100015520 


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 his military occupational specialty (MOS) as 11B (light weapons infantryman) instead of 64C (truck master).  He also requests award of the Combat Infantryman Badge (CIB).

2.  He states when he landed in Vietnam he was assigned to the 4th Infantry Division in his MOS of 11B.  He adds he participated in firefights, conducted patrols and convoys, and guarded Montagnard villages.  However, when he left Vietnam his MOS was changed to 64A (Light Vehicle Driver).

3.  He provides the following:

* a DA Form 8-274 (Medical Condition - Physical Profile Record), dated
18 November 1968
* a support letter, dated 13 December 2009
* medical examination results, dated 21 February 2008

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 record shows he was inducted into the Army of the United States on 9 May 1968.  He was trained in and awarded MOS 11B.  He served in the Republic of Vietnam from 11 November 1968 to 13 December 1969 and he was assigned to Company B, 4th Supply and Transportation Battalion,
4th Infantry Division.  He was honorably released from active duty on
15 December 1969 as an overseas returnee.  He served 1 year, 7 months, and
7 days of total active service.

3.  He provides a DA Form 8-274 which shows he was issued a permanent physical profile with limited duty due to coccygodynia (tailbone pain).  The profile stated "No lifting over 20 pounds.  No prolonged marching or running."

4.  His DA Form 20 (Enlisted Qualification Record) shows his primary MOS was 64A effective 21 November 1968.  Effective 17 November 1969, his PMOS was changed to 64C.

5.  Special Orders Number 92, issued by Headquarters, 4th Infantry Division, dated 2 April 1969, contained in his military records, show he was advanced to specialist four (SP4)/E-4, in MOS 64A.  Additionally, Special Orders Number 328, issued by the same headquarters, dated 24 November 1969, show he was promoted to sergeant (SGT)/E-5 in MOS 64C with an effective date of
17 November 1969.

6.  Item 23a (Specialty Number and Title) of his DD Form 214 shows his MOS as 64C4O (Truck Master).  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the same form does not show award of the CIB.  Item 25 (Education and Training Completed) of his DD Form 214 shows he successfully completed the Light Weapons Infantryman Course, at Fort Polk, LA, for 9 weeks in 1968.

7.  His military service records do not contain any orders awarding him the CIB.


8.  The support statement from a fellow comrade stated he served with the applicant in Vietnam and their duties included convoy security, village security, and patrols.

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

10.  Army Regulation 635-5 (Personnel Separations), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation states, in pertinent part, to enter the specialty number and title in item 23a at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded 11B as his primary MOS when he entered the military.  It appears he was reclassified to MOS 64A following receipt of a permanent physical profile.  Additionally, his DA Form 20 and orders show he was promoted to SGT/E-5 in MOS 64C, effective
17 November 1969, and it appears he was awarded primary MOS 64C as a result of his promotion.

2.  There is no evidence and he has not provided any to show his MOS of 64C was later withdrawn and he was awarded 11B as his primary MOS prior to his separation on 15 December 1969.  Therefore, there is no error or injustice and no basis for correcting his MOS on his DD Form 214.

3.  The evidence of record shows he held a transportation MOS while assigned to a supply and transportation battalion in Vietnam.  Therefore, he did not meet the eligibility criteria for award of the Combat Infantryman Badge.

4.  In view of the foregoing, there is no basis for granting his request.


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)                                         AR20100015520



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ABCMR Record of Proceedings (cont)                                         AR20100015520



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