BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100026184 


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, in effect, correction of item 23a (Specialty Number and Title) of his DD Form 214 (Report of Transfer or Discharge) to show military occupational specialty (MOS) 11B (light weapons infantryman).  He also requests award of the Combat Infantryman Badge (CIB). 

2.  The applicant states:

* He served with the 3rd Battalion, 22nd Infantry of the 25th Infantry Division and with the 2nd Battalion, 14th Infantry
* While in the service he performed as infantry for over a year with Company B, 3rd Battalion, 23rd Infantry and with the 2nd Battalion, 14th Infantry

3.  The applicant provides a letter, dated 16 October 2010, from a Member of Congress.

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 was inducted into the Army of the United States on 8 July 1969.  He was awarded MOS 13A (field artillery basic crewman).  His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 13A assigned to Batteries A and B, 7th Battalion, 11th Artillery of the 25th Infantry Division and Battery B, 1st Battalion, 30th Artillery of the 1st Cavalry Division during his assignment in Vietnam.  On 10 February 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  Item 23a of his DD Form 214 shows the entry "13A10 FA [field artillery] BASIC."  His DD Form 214 does not show the CIB as an authorized award.

4.  Item 22 (Military Occupational Specialties) of his DA Form 20 shows he was awarded primary MOS 13A effective 14 November 1969.

5.  There is no evidence which shows he was awarded MOS 11B.

6.  There are no orders for the CIB in the available records.

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the CIB.

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

9.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the CIB is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the CIB was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

10.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that the primary MOS code number and title would be entered in item 23a on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Although he contends he performed as infantry for over a year in Vietnam, there is no evidence of record and he did not provide any evidence to support this contention.  Evidence shows he was awarded MOS 13A which is properly shown in item 23a of his DD Form 214.  Therefore, there is insufficient evidence on which to amend item 23a of his DD Form 214.

2.  There are no orders for the CIB.  Evidence of record shows he served as a field artillery crewman during his assignment in Vietnam.  His DA Form 20 shows he was assigned to Batteries A and B, 7th Battalion, 11th Artillery of the 25th Infantry Division and Battery B, 1st Battalion, 30th Artillery of the 1st Cavalry Division in Vietnam.  There is no evidence of record which shows he was an infantryman who served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the CIB in this case.

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)                                         AR20100026184





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ABCMR Record of Proceedings (cont)                                         AR20100026184



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