IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100016115 


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 the date of his induction as 19 March 1969 instead of 19 March 1968, his military occupational specialty (MOS) as 11B4O (light weapons infantryman), and award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he was inducted on 19 March 1969, not 1968.  After graduating from noncommissioned officer (NCO) training at Fort Knox, KY he was sent to the 5th Infantry Division at Fort Carson, CO for additional infantry training, where he should have been awarded MOS 11B4O.  Additionally, he claims he was given the CIB at the end of April 1970 while serving in Vietnam.  

3.  The applicant did not provide any additional documentary evidence.

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 DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 19 March 1969.  Having completed basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11E (Armor Crewman).  He completed the Advance NCO Course at Fort Knox and he proceeded to Fort Carson for additional on-the-job training.

3.  On 5 March 1970, the applicant began his tour of duty in the Republic of Vietnam, where he was subsequently assigned to H Troop, 17th Cavalry, as a squad leader in his MOS of 11E4O.

4.  On 7 May 1970, he was awarded the Purple Heart for wounds received in action on 5 May 1970.

5.  On 10 May 1970, he was listed as a patient at the Medical Holding Company, 249th General Hospital in Vietnam.

6.  On 21 May 1970, he was transferred as a patient to the Medical Holding Company, Walter Reed Army Medical Center (WRAMC), Washington, D.C.

7.  On 2 July 1970, he was released from WRAMC and on 13 August he was assigned to Company D, 1st Squadron, 3d Armored Cavalry, Ft Lewis, WA, as an Assistant Tank Commander in MOS 11E4O.

8.  On 31 December 1970, the applicant was released from active duty by reason of school release and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. His DD Form 214 shows he completed 1 year, 9 months, and 2 days of total active service.

9.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.

10.  Item 44 (Time Lost Under Section 972, Title 10, U.S. Code and Subsequent to Normal ETS) shows a period of being absent without leave (AWOL) from
15 February 1970 through 25 February 1970 for a period of 11 days.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB.

12.  Item 26a (Non-Pay Periods Time Lost) of his DD Form 214 shows the entry "15-25 Feb 70."

13.  Army Regulation 600-8-22 (Military Awards) provides that the CIB 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 (USARV) Regulation 672-1 states 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.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for:

	a.  item 10c (Date Inducted), applicable only to individuals who were inducted (as opposed to enlisted).

	b.  item 22a(1) (Net Service This Period), enter the total service completed between the inclusive dates of the current tour of duty, less time lost under Title 10, U.S. Code, section 972.

	c.  item 22b (Total Active Service), enter the total active service the Soldier has completed beginning with the earliest period of active service up to and including the current period of active duty, less time lost under Title 10, U.S. Code, section 972.

	d.  item 23a (Specialty Number and Title), enter the primary MOS code number and title.

	e.  item 24, enter from item 41, DA Form 20, all decorations, service medals, campaign credit, and badges awarded or authorized.

	f.  Item 26a, enter inclusive date of non-pay periods/time lost during the preceding 2 years.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 47 contained in his Official Military Personnel File (OMPF) shows his date of induction as 19 March 1969.  Therefore, he is entitled to correction of his DD Form 214 to show his correct date of induction.  This correction does not entail any correction to any items under item 22 (Statement of Service) of his DD Form 214.

2.  There is no record of the applicant being awarded MOS 11B4O or any other infantry MOS.  His record shows he continuously served in his awarded MOS of 11E4O, both while in the continental United States and in Vietnam as a squad leader in a cavalry unit.  As such, he does not meet the required qualifications for award of the Combat Infantryman Badge.  Therefore, his request for award of the Combat Infantryman Badge should be denied.

3.  The applicant was awarded MOS 11E upon completion of his training and, according to his DA Form 20, he performed duty in that MOS during his assignment to Vietnam.  Army Regulation 635-5 prescribed that the Soldier’s primary MOS code number and title would be entered in item 23a.  The applicant was awarded MOS 11E4O and that was his primary MOS when the DD Form 214 was issued on 31 December 1970.  Therefore, his request to change the MOS on his DD Form 214 should also be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X____  ____X____    GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 10c of his DD Form 214 the entry "19 Mar 68" and replacing it with the entry "19 Mar 69."


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the MOS on his
DD Form 214 to 11B4O and award of the Combat Infantryman Badge.



      ____________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)                                         AR20100016115



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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