IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005328
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 in:
* item 23a (Specialty Number and Title) his military occupational specialty (MOS) as 11B (Light Weapons Infantryman)
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) award of the Combat Infantryman Badge
2. He states that during his tour in Vietnam in 1967, he transferred his duty assignment to Headquarters and Headquarters Company, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division Scout Platoon as an armored personnel carrier driver. This occurred while he was in the field approximately April 1967, but his records never changed. He states his call code was R38.
3. He provides no additional documents.
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 applicants 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 applicants 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 1 December 1965. He completed basic combat and advanced individual training. Special Orders Number 159, published by Headquarters, Fort Polk, LA, dated 21 June 1966, show he was awarded MOS 94B (Cook).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 22 (MOS) he was awarded MOS 94B on 10 April 1967
* item 31 (Foreign Service) he served in Vietnam from 10 January through 14 November 1967
* item 38 (Record of Assignments) he performed duties as a cook in MOS 94B in Vietnam while assigned to Headquarters and Headquarters Company, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division
* item 41 (Awards and Decorations) no entry for award of the Combat Infantryman Badge
4. His service record does not contain orders which show he was awarded MOS 11B or award of the Combat Infantryman Badge.
5. He was honorably released from active duty on 15 November 1967 as an overseas returnee. His DD Form 214 shows in:
* item 23a his MOS as 94B
* item 24 no award of the Combat Infantryman Badge.
6. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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.
7. Additionally, U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations), Appendix V, 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. It further stated that the criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.
8. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The version in effect at the time directed the primary MOS code number and title would be entered in item 23a.
DISCUSSION AND CONCLUSIONS:
1. The applicants service record shows he completed training as a cook and he was properly awarded MOS 94B by official orders. There are no orders in the applicant's record and he did not provide any orders that show he was awarded MOS 11B. As such, his MOS of 94B is properly recorded in item 23a of his DD Form 214. Therefore, there is no basis for granting this portion of his request.
2. Based on Army Regulation 600-8-22, award of the Combat Infantryman Badge requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy. The applicant's service record does not contain evidence that shows he met all the requirements for award of the Combat Infantryman Badge. Therefore, there is no basis for granting this portion of his request.
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) AR20110005328
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110005328
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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