IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20120001124
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 that he be awarded the Infantry Shoulder Cord and that it be added to his records.
2. The applicant states that his records should show that he served in the Infantry and he desires to be awarded the Infantry Shoulder Cord and to have it recorded in his records.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and copies of documents from the Department of Veterans Affairs.
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 20 October 1958, for a period of 3 years and training as a lineman. He completed basic training at Fort Carson, Colorado and advanced individual training (AIT) at Fort Gordon, Georgia. He was transferred to a signal company at Fort Sam Houston, Texas for his first and only duty assignment. On 25 August 1961, he was awarded the primary military occupational specialty (PMOS) of a recreational specialist.
3. On 21 February 1962, he was released from active duty under honorable conditions at Fort Sam Houston, Texas. He had served 3 years, 2 months, and 28 days of active service and had 25 days of lost time due to being absent without leave and in confinement. His DD Form 214 reflects that he was awarded marksmanship badges for three weapons.
4. A review of his official records failed to show any indication of the applicant ever having been awarded the PMOS of an infantryman, having completed infantry AIT, or being assigned to an infantry unit.
5. Army Regulation 670-1(Uniforms and Insignia) governs the requirements for award and wear of the Infantry Shoulder Cord. It provides, in pertinent part, that the Commanding General of the U.S. Army Infantry Center authorizes the award of the Infantry Shoulder Cord to infantrymen who have completed the appropriate training. The Infantry Shoulder Cord is a distinctive uniform item authorized only for infantry personnel. There are no provisions for entering the Infantry Shoulder Cord on the DD Form 214 as it is an item of uniform wear and not an award or decoration.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be awarded the Infantry Shoulder Cord has been noted and found to lack merit.
2. There is no evidence in the applicants official records to show that he was ever trained as an infantryman or that he was awarded the PMOS of an infantryman.
3. Therefore, in the absence of such evidence, there appears to be no basis to authorize him the issuance of the Infantry Shoulder Cord or to add it to his records.
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) AR20120001124
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ABCMR Record of Proceedings (cont) AR20120001124
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