BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120002563
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 the Social Security Number (SSN) in item 3 (Social Security Number) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected and that he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states the SSN on his DD Form 214 is incorrect. He also states he engaged in combat in the Republic of Vietnam (RVN) on 16 February 1972 with his Military Police (MP) unit.
3. The applicant provides an SSN card and a 12 April 1972 letter in which he requested correction of his DD Form 214 in support of his request.
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's record contains a DD Form 215 (Correction to DD Form 214) issued by The Adjutant General that corrected the SSN on his DD Form 214 in response to his 12 April 1972 request. Therefore, since an administrative correction to the SSN has on his DD Form 214 has been accomplished, this issue will not be addressed further in this Record of Proceedings. A copy of the DD Form 215 will be provided the applicant for his information and use.
3. The applicant's record shows he was inducted into the Army on 17 March 1971, and was trained in and awarded military occupational specialty (MOS) 95B (Military Policeman). He was advanced to specialist four/E-4 (SP4/E-4), the highest grade he held on active duty, on 17 January 1972.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 11 August 1971 to 4 April 1972. Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 557th MP Company from 12 August 1971 through 7 March 1972 and to Company C, 720th MP Battalion from 8 March through 4 April 1972. In both units he performed duties in MOS 95B as an MP and senior MP. There is no indication that the applicant served as an infantryman or in an infantry unit while on active duty. Item 41 (Awards and Decorations) does not include the CIB.
5. The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty.
6. On 8 April 1972, the applicant was honorably released from active duty (REFRAD), in the rank of SP4/E-4, after completing 1 year and 22 days of active military service. The CIB is not included in the list of earned awards on the
DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Chapter 8 contains guidance on award of badges and tabs of United States origin. Paragraph 8-6 contains guidance on award of the CIB. It states the three basic requirements for the CIB are that the member be an infantryman satisfactorily performing infantry duties; be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be awarded the CIB has been carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, in order to support award of the CIB there must be evidence that the member held and served in an infantry MOS; that he served in an infantry unit of brigade, regimental, or smaller size; and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.
3. The evidence or record confirms the applicant held and served in an MP MOS throughout his tenure on active duty. If further confirms that during his RVN tour he served in MP units as an MP. There is no evidence of record indicating he ever held or served in an infantry MOS or in a qualifying infantry unit. As a result, he did not satisfy the regulatory criteria necessary to support award of the CIB.
4. The applicant and all others concerned should know this action related to award of the BSM in no way diminishes the sacrifices made by him 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) AR20120002563
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