IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110024634
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 award of the Combat Infantryman Badge (CIB) and secondary military occupational specialty (SMOS) of 11B (in effect, that his SMOS be added to his DD Form 214 (Armed Forces of the United Sates Report of Transfer or Discharge).
2. The applicant states his records were incomplete.
3. The applicant provides:
* DD Form 214
* Special Orders Number 97, issued by Headquarters, 196th Infantry Brigade, dated 6 April 1972
* Request for Award of Secondary MOS from Headquarters and Headquarters Company, 3d Battalion, 21st Infantry, 196th Infantry Brigade, dated 18 March 1972
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 enlisted in the Regular Army on 25 February 1971. He completed basic combat and advanced individual training and was awarded primary MOS (PMOS) 36K (Wireman). He was stationed in the Republic of Vietnam (RVN) from 15 August 1971 through 17 August 1972, where he was further assigned to Company A, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade. The highest rank he attained while serving on active duty was specialist four/E4.
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN in MOS 11B as a rifleman during the period 15 August 1971 to 16 October 1971. It shows he served in MOS 36K as a wireman from 17 October 1971 to 19 April 1972
4. The applicant provided a copy of Special Orders Number 97, issued by Headquarters, 196th Infantry Brigade, dated 6 April 1972, which show he was awarded 11B as his SMOS.
5. The applicants DD Form 214 shows he was honorably released from active duty on 22 April 1972.
6. The applicants DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with/60 Device
7. The applicants record is void of orders or any other documents that indicated he was ever recommended for or awarded the CIB during his active duty tenure.
8. 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. The Soldier must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the Soldier's PMOS number and title would be entered in item 23a of the DD Form 214. There were no provisions in the Army Regulation for annotating the Soldier's SMOS to the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for award of the CIB and SMOS was carefully considered and it was determine that there is insufficient evidence to support this request.
2. By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry specialty in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat.
3. Although the evidence of record shows the applicant served in an infantry specialty in an infantry unit during the period 15 August 1971 through 16 October 1971, his record is devoid of any evidence and he has failed to provide any evidence that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat.
4. Although the evidence of record shows the applicant was awarded SMOS 11B, there were no provision in Army Regulation 635-5 which authorized the SMOS to be annotated on a DD Form 214.
5. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110024634
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ABCMR Record of Proceedings (cont) AR20110024634
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