IN THE CASE OF:	  

		BOARD DATE:	  24 January 2011

		DOCKET NUMBER:  AR20100018748 


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 award of the Combat Infantryman Badge (CIB).  He also requests correction of his social security number (SSN) to show "xxx-xx-xxx4" instead of "xxx-xx-xxx5."

2.  The applicant states, in effect, he served in Vietnam as a light weapons infantryman.  He also states his SSN has a typographical error and the last number should be "4" and not "5."

3.  The applicant provides his social security card. 

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 was inducted into the Army of the United States on 22 November 1966 and he held military occupational specialty (MOS) 11B (light weapons infantryman).  He served in Vietnam from on or about 7 May 1967 to
30 April 1968 while assigned to the 1st Battalion, 35th Infantry, 25th Infantry Division.  He was subsequently reassigned from Vietnam and further assigned to Fort Carson, CO.

3.  On 21 November 1968, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years of total active service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.  His records do not contain orders awarding him the CIB.

6.  His records contain an undated DD Form 398 (Statement of Personal History), which he completed in conjunction with his entry into active duty and wherein he listed his SSN as "xxx-xx-xxx4."  He authenticated this form by placing his signature in the appropriate block.

7.  Unit Orders Number 16, issued by Headquarters, 1st Battalion, 35th Infantry, dated 10 March 1968, list his SSN as "xxx-xx-xxx4."

8.  A DA Form 41 (Record of Emergency Data), dated 26 June 1968, lists his SSN number; however, it appears the last digit was typed using both the number "4" and the number "5" superimposed.  It is unclear if the "4" was typed to correct the number "5" or vice versa.  He authenticated this form by placing his signature in the appropriate block.

9.  Special Orders Number 323, issued by Headquarters, 5th Infantry Division, Fort Carson, dated 18 November 1968, list his SSN as "xxx-xx-xxx5."

10.  His records contain various other forms and orders that list only his selective service number and not his SSN.


11.  Item 3 (Social Security Number) of the DD Form 214 he was issued on 21 November 1968 shows his SSN as "xxx-xx-xxx5."

12.  The applicant provides his social security card wherein his SSN is listed as "xxx-xx-xxx4."

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 Regulation 672-1 (Decorations and Awards) provides 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.

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon induction into the Army, the applicant listed his SSN as "xxx-xx-xxx4."  Some of the documents filed in his record list his SSN as "xxx-xx-xxx4" while others list his SSN as "xxx-xx-xxx5."  It can be presumed that the use of his SSN as "xxx-xx-xxx5" was a clerical error.  Therefore, the applicant is entitled to correction of his DD Form 214 to show his correct SSN of "xxx-xx-xxx4."

2.  With respect to the CIB, his infantry MOS and his service in Vietnam are not in question.  However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was awarded the CIB or that he participated in active ground combat while assigned to an infantry unit.

3.  In the absence of official orders or other documentary evidence, such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he participated in active ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case.


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 3 of his DD Form 214 the entry "xxx-xx-xxx5" and replacing it with the entry "xxx-xx-xxx4."

2.  The Board further determined 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 award of the CIB and correction of his
DD Form 214 to show this award.



      ___________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)                                         AR20100018748



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ABCMR Record of Proceedings (cont)                                         AR20100018748



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