IN THE CASE OF:	  

		BOARD DATE:	    10 November 2011 

		DOCKET NUMBER:  AR20110009881 


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 issuance of a new DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his full 56 months of active duty service and award of the Combat Infantryman Badge (CIB).

2.  He states his current DD Form 214 for the period ending 28 November 1980 shows his duty in Vietnam, but it does not show he received a CIB for being in combat in Vietnam with an infantry unit.

3.  He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 June 1968 and his Honorable Discharge Certificate from the Regular Army, dated 28 November 1980.

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 enlisted in the Regular Army on 31 August 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  He was reclassified into MOS 96B (Intelligence Analyst) on 5 January 1967, and MOS 11C was made his secondary MOS.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service), he served in Vietnam from 27 April 1967 to 3 June 1968
* item 38 (Record of Assignments), he performed duties as an intelligence analyst in MOS 96B in Vietnam
* item 38, he was assigned to the following units in Vietnam –

* 525th Military Intelligence Group
* Headquarters and Headquarters Company, 519th Military Intelligence Battalion
* 45th Military Intelligence Company 

* item 41 (Awards and Decorations), no entry for the CIB

4.  His service record doesn't contain orders that show he was awarded the CIB.

5.  He was released from active duty on 3 June 1968.  His DD Form 214 for the period ending 3 June 1968 shows in:

* item 22a(1) (Net Service This Period), he completed 2 years, 9 months, and 3 days of active service this period
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), no entry for award of the CIB

6.  On 4 June 1968, he was transferred to the U.S. Army Reserve to complete his Reserve obligation.  He served in this component until 30 August 1971.

7.  He served in the Army National Guard from 2 March 1974 through 9 April 1976.

8.  He enlisted in the U.S. Air Force Reserve on an unknown date.  He served on active duty from 11 July 1977 to 31 January 1978.  His DD Form 214 for this period shows he completed 6 months and 21 days of active military service and 2 years, 9 months, and 3 days total prior active service.   

9.  He enlisted in the Regular Army again on 8 August 1978 and was honorably discharged on 28 November 1980.

10.  His DD Form 214 for the period ending 28 November 1980 shows in:

* item 12c (Net Active Service This Period), he completed 2 years, 3 months, and 21 days of net active service during this period
* item 12d (Total Prior Active Service), he completed 2 years, 9 months, and 3 days of total prior active service
* item 12e (Total Prior Inactive Service), he completed 3 years, 4 months, and 19 days of total prior inactive service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), no entry for the CIB
* item 18 (Remarks), the entry "Country of last overseas service:  Vietnam from Apr 67 to Jun 68"

11.  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.

12.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the 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.  It directs that total prior active service less time lost will be entered in item 12d.  It also directs that the total prior inactive service less time lost will be taken from previously-issued DD Forms 214 and the total amount will be entered in item 12e.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the Regular Army from 31 August 1965 to 3 June 1968.  He was issued a DD Form 214 which properly reflects this period of 2 years, 9 months, and 3 days of active service.

2.  He served on active duty while in the U.S. Air Force Reserve from 11 July 1977 to 31 January 1978.  He was issued a DD Form 214 which reflects 6 months and 21 days active military service.  

3.  He also served in the Regular Army from 8 August 1978 to 28 November 1980.  He was issued a DD Form 214 which reflects 2 years, 3 months, and 21 days of net active service during this period in item 12c.  Item 12d of this DD Form 214 reflects 2 years, 9 months, and 3 days total prior active service which excludes his 6 months and 21 days total prior active service in the U.S. Air Force Reserve.  

4.  Therefore, it would be appropriate to amend his DD Form 214 for the period ending 28 November 1980 to reflect 3 years, 3 months, and 24 days total prior active service in item 12d.  

5.  The evidence of record shows the applicant completed training and was awarded MOS 11C.  However, he was later reclassified into MOS 96B and performed duties as an intelligence analyst while assigned to non-infantry units in Vietnam.  Therefore, he did not meet the requirements for award of the CIB and there is no basis for issuing him a DD Form 214 to show this badge.

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 the DD Form 214 for the period ending 28 November 1  show the entry “03 03 24.”

2.  The Board further determined that 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.  



      _______ _ 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)                                         AR20110009881





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ABCMR Record of Proceedings (cont)                                         AR20110009881



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