IN THE CASE OF:	

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100016748 


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 he was awarded military occupational specialty (MOS) 11D (Scout) and the Combat Infantryman Badge.

2.  The applicant states he served as a tanker with the 3rd Platoon, Troop C, 1st Squadron, 1st Cavalry, Americal [23rd Infantry] Division, in the Republic of Vietnam from August 1967 until he was wounded in action in March 1968.  He adds that his MOS while he was in the Army was MOS 11E (Armor Crewman).

	a.  He states he was assigned to the scout unit in late 1967 or early 1968, performed all of the duties of a scout, was wounded in action twice while performing scout duties, and was awarded the Purple Heart (1st Oak Leaf Cluster).  He adds he should have been awarded the Combat Infantryman Badge while he was on active duty.

	b.  He states he was advised in a letter from the Chief, Military Awards Branch, U.S. Army Human Resources Command (HRC), Alexandria, Virginia, that his records would have to be corrected by the Army Board for Correction of Military Records (ABCMR) to show he held MOS 11D for him to be eligible for award of the Combat Infantryman Badge.

3.  The applicant provides three letters and a general order in support of his application.



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 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 for a period of 2 years on 8 September 1966.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 22 (Military Occupational Specialties) that he was awarded MOS 11E on 9 February 1967;

	b.  item 31 (Foreign Service) that he served overseas in Vietnam beginning 10 August 1967;

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

		(1)  duty MOS (DMOS) 11E2O as a loader while assigned to Troop C, 1st Squadron, 1st Cavalry, from 10 August 1967 through 5 April 1968;

		(2)  DMOS 71B2O as a clerk typist while assigned to Headquarters and Headquarters Company, Americal Division, from 6 April 1968 through 18 June 1968; and

		(3)  DMOS 11B1O as a light vehicle driver while assigned to Headquarters and Headquarters Company, Americal Division, from 19 June 1968 through 4 August 1968;

	d.  item 40 (Wounds) that he sustained a shrapnel wound to his left leg on 4 March 1968 and back injuries and cuts on 11 March 1968; and

	e.  item 41 (Awards and Decorations), in pertinent part, the Purple Heart (1st Oak Leaf Cluster) [it does not show the Combat Infantryman Badge].

4.  Headquarters, 1st Armored Division (Old Ironsides), Fort Hood, Texas, Special Orders Number 34, dated 14 February 1967, awarded the applicant primary MOS (PMOS) 11E1O effective 9 February 1967.

5.  Headquarters, Americal Division, Special Orders Number 123, dated 11 October 1967, withdrew PMOS 11E1O and awarded the applicant PMOS 11E2O.

6.  Headquarters and Headquarters Company, Americal Division, Unit Orders Number 30, dated 18 May 1968, promoted the applicant to specialist four/pay grade E-4 in MOS 11E2O.

7.  Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington, Special Orders Number 223, dated 10 August 1968, released the applicant from active duty on 10 August 1968 and transferred him to the U.S. Army Reserve Control Group.  The standard name line for the applicant shows his PMOS was 11E2O.

8.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 10 August 1968 by reason of overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 3 days of total active service with 1 year and 1 day of foreign service.

	a.  Item 23a (Specialty Number and Title) shows the entry "11E2O Armor Crewman."

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), as corrected by two DD Forms 215 (Correction to DD Form 214), dated 11 December 2009 and 22 June 2010, shows the National Defense Service Medal, Good Conduct Medal, Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal [with Device (1960)], two overseas service bars, Purple Heart (1st Oak Leaf Cluster), Army Commendation Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Gallantry Cross with Bronze Star.

9.  There are no orders or other evidence in the applicant's military personnel records that show he was awarded MOS 11D or any infantry MOS other than MOS 11E as his primary, secondary, or additional MOS.  There is no evidence the applicant performed duties in MOS 11D.

10.  There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Combat Infantryman Badge.

11.  In support of his application, the applicant provides the following documents:

	a.  In a letter from the applicant to the National Personnel Records Center, dated 26 June 2009, he requested the Combat Infantryman Badge.  He described his assignment in Vietnam, his participation in combat as a scout and that he was wounded in action on two occasions, and acknowledged he held MOS 11E.  He requested award of the Combat Infantryman Badge based on performing duties as a scout in MOS 11D.

	b.  A letter from the Chief, Military Awards Branch, HRC, dated 10 December 2009, advised the applicant, based on his MOS and unit of assignment, he was ineligible for award of the Combat infantryman Badge.  It was noted the applicant's claim to the badge was based on his performance of duties in MOS 11D.  He was advised to apply to this Board for a determination concerning the additional MOS.

	c.  Republic of Vietnam Armed Forces, I Corps Tactical Zone, 12th Division Tactical Area, General Order Number 57/12DTA/GO, announced award of the Republic of Vietnam Gallantry Cross with Bronze Star to the applicant for valorous actions in combat operations while serving in Company [Troop] C, 1st Squadron, 1st Cavalry, during the period August 1967 to March 1968 in most of the operations in the 12th Division Tactical Area.  There is no indication of the applicant's MOS on the document.

	d.  A letter from the Chief, Military Awards Branch, HRC, dated 22 June 2010, confirmed award of the Republic of Vietnam Gallantry Cross with Bronze Star to the applicant.  He was advised the citation accompanying the award indicates the applicant's successful participation in combat.  It also states, "[i]f this award is for the time that you held the proper MOS, the [ABCMR] may or may not be able to use this citation to verify the [Combat Infantryman] Badge.

12.  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 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.

13.  Appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect during the Vietnam Conflict, stated that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  Announcement of award of the Combat Infantryman Badge was made in unit special orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show he was awarded MOS 11D (Scout) and the Combat Infantryman Badge was carefully considered.

2.  The evidence of record shows applicant was awarded MOS 11E as his PMOS on 9 February 1967 and that he held MOS 11E as his PMOS throughout the entire period of his active duty in the U.S. Army.

	a.  The evidence of record shows the applicant served in DMOS 11E2O as a [tank] loader while assigned to Troop C, 1st Squadron, 1st Cavalry, in Vietnam during the period from 10 August 1967 through 5 April 1968.  Thus, the evidence of record fails to support the applicant's claim to the Combat Infantryman Badge during this period of his assignment in Vietnam.

	b.  The evidence of record also shows the applicant served in DMOS 71B2O as a clerk typist from 6 April 1968 through 18 June 1968 and in DMOS 11B1O as a light vehicle driver from 19 June 1968 through 4 August 1968 while assigned to Headquarters and Headquarters Company, Americal Division.  Thus, the evidence of record fails to substantiate a claim to the Combat Infantryman Badge during this period of his assignment in Vietnam.

3.  The evidence of record shows that during the Vietnam Conflict, only enlisted Soldiers who held and served in an infantry unit in MOS 11B, 11C, 11D, 11F, 11G, or 11H were eligible for award of the Combat Infantryman Badge.

4.  There is no evidence of record that shows the applicant was awarded MOS 11D or any infantry MOS other than MOS 11E as his primary, secondary, or additional MOS.  There is no evidence of record that shows he served in DMOS 11D as a scout while assigned to an infantry unit in Vietnam.

5.  There is no evidence of record that shows the applicant was awarded the Combat Infantryman Badge.

6.  Therefore, in view of all of the foregoing, the available evidence is insufficient to support the applicant's request for correction of his records to show award of MOS 11D or his claim to the Combat Infantryman Badge.

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 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)                                         AR20100016748



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100016748



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1