BOARD DATE:	  23 December 2010

		DOCKET NUMBER:  AR20100016194 


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 add military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist) and award of the Combat Infantryman Badge (CIB).

2.  He states, in effect, he was trained in MOS 11D at Fort Knox, KY, and volunteered for MOS 11D duty in Korea.  While stationed in Korea, he was promoted to pay grade specialist five/E-5 in MOS 64B (Heavy Truck Driver).

3.  Upon his arrival in Vietnam he was assigned to the 563rd Transportation Company.  He claims he was further assigned to the 80th General Support Group where his MOS 11D was restored and he received a lateral appointment to sergeant.  He further states he was not issued the CIB for his combat duties in Korea and Vietnam.

4.  He provided a copy of pages 1 and 2 of his DA Form 20 (Enlisted Qualification Record).

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.  He enlisted in the Regular Army on 31 January 1969 for a period of 3 years.  Item 38 (Record of Assignments) of his DA Form 20 shows he attended advanced individual training for MOS 11D on 7 April 1969 at Fort Knox, KY.

3.  Item 22 (Military Occupational Specialties) of his DA Form 20 shows the following:

TYPE
CODE
TITLE
*
DATE
Secondary (S) MOS
11D20
Armor Recon Specialist 
A
29 May 1969
Primary (P) MOS
64B20
Senior Heavy Truck Driver
P
13 January 1970
* A (Additional) and P (Primary)

4.  Item 38 of his DA Form 20 also shows he was assigned to Headquarters and Headquarters Company, 1st Armor Battalion, 72nd Armor, 2nd Infantry Division, and served in MOS 64B while stationed in Korea from June 1969 to July 1970.

5.  This same item shows he was assigned to the 563rd Transportation Company, 57th Transportation Battalion, 80th General Support Group, U.S. Army Support Command, and served in duty MOS 64B during his service in Vietnam from 7 September 1970 to 26 July 1971.

6.  His DD Form 214 shows he was honorably released from active duty on 8 October 1971 and reassigned to the U.S. Army Reserve Control Group (Annual Training) for the completion of his Reserve service obligation.  He completed a total of 2 years, 8 months, and 8 days of active service.  Item 23a (Specialty Number and Title) shows MOS 64B2O (Senior Heavy Truck Driver).  There is no evidence in the available record and he has not provided any to show he held the MOS 11D as his primary MOS after January 1970.



7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons) of his DD Form 214 does not show award of the CIB nor does item 41 (Awards and Decorations) of his DA Form 20.

8.  A review of the Army Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders awarding him the CIB.

9.  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.  The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam Era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  Army Regulation 635-5 (Separation Documents) prescribes the documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicant's separation stated that item 23a would contain the primary MOS held on the date of separation from that period of service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows he served in MOS 64B during his tours in Korea and in Vietnam.  Regulatory guidance in effect at the time stated the DD Form 214 would contain the primary MOS held on the date of separation.  There is no evidence and he has not provided sufficient evidence to show he held MOS 11D as a primary MOS after January 1970.  Therefore, he is not entitled to add this MOS to item 23a of his DD Form 214.

2.  The evidence of record is void of any orders or other documents that would indicate he was ever recommended for or awarded the CIB by proper authority while serving in Vietnam.  His record is also void of any evidence to show he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Therefore, there is insufficient basis for granting the award of the CIB.



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 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)                                         AR20100016194



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100016194



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1