IN THE CASE OF:	  

		BOARD DATE:	  31 January 2012

		DOCKET NUMBER:  AR20110014204 


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 Combat Infantryman Badge (CIB)
* that he served in military occupational specialty (MOS) 11B (Light Weapons Infantryman)
* completion of the Off Leash Scout Dog Handler Course

2.  The applicant states, in effect, he served in combat and held MOS 11B in Vietnam but he did not receive his CIB until 1975.  He contends the American Legion helped him get the CIB.  He further states that the Scout Dog Training Course is not listed on his DD Form 214.  

3.  The applicant provides a DD Form 214, DA Form 20 (Enlisted Qualification Record), Diploma for the Off Leash Scout Dog Handler Course, final transcript for the On Leash Scout Dog Training Course, and portions of his discharge packet.

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 16 January 1970.  Item 
27 (Military Education) of his DA Form 20 shows he was awarded MOS 11C (Indirect Fire Infantryman) upon completion of initial entry training.

3.  Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 10 April 1971 to 4 February 1972.  Item 38 (Record of Assignments) shows he was assigned to D Troop, 7th Squadron, 17th Cavalry while in Vietnam and his principal duty was "loader, MOS 11H."  The CIB is not included in item  41 (Awards and Decorations) of his DA Form 20.

4.  His official military personnel file (OMPF) is void of orders or any other document that indicates he was recommended for or awarded the CIB.

5.  A final transcript from the U.S. Army Infantry School (USAIS), Fort Benning, GA, indicates he attended the On Leash Scout Dog Handler Course from 
28 September to 18 December 1970.  A USAIS diploma, dated 2 March 1971, confirms he successfully completed the Off Leash Scout Dog Handler Course.

6.  He was discharged on 28 February 1972.  His discharge orders show his MOS as 11C.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the CIB.  The Off Leash Scout Dog Handler Course is not included in item 25 (Education and Training Completed) of his DD Form 214.  Item 30 (Remarks) shows he was awarded MOS 11C as his primary MOS effective 22 May 1970.

7.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the active Army.  It contains instructions for preparing the DD Form 214.  The regulation in effect at the time of his separation provided that in item 25, for enlisted personnel, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person completed during the period covered by the 
DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the CIB, Off Leash Scout Dog Handler Course, and that his MOS was 11B has been carefully considered.  

2.  The available evidence shows he completed the On Leash Scout Dog Training Course and the Off Leash Scout Dog Handler Course during his active duty tenure.  Therefore, these courses should be added to item 25 of his DD Form 214.

3.  The available evidence also shows he was awarded an infantryman MOS of 11C.  However, there is no evidence showing he served in an infantry unit during his tour in Vietnam or that he engaged in active ground combat.  Additionally, his OMPF is void of orders or any other document that indicates he was recommended for or awarded the CIB.  In the absence of corroborating evidence showing he was awarded or recommended for award of the CIB or that he engaged in active ground combat there is an insufficient basis for granting this portion of his request.

4.  His DA Form 20 and DD Form 214 confirm he held MOS 11C throughout his entire period of service.  There is no evidence showing he was ever awarded MOS 11B.  Therefore, this portion of his request should also be denied.

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 adding to item 25 of his DD Form 214 the entries "On Leash Scout Dog Training Course - Fort Benning, Georgia and "Off Leash Scout Dog Handler Course - Fort Benning, Georgia."

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 correcting his DD Form 214 to show the Combat Infantryman Badge and MOS 11B.  




      _______ _   __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)                                         AR20110014204



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ABCMR Record of Proceedings (cont)                                         AR20110014204



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