IN THE CASE OF:	  

		BOARD DATE:  3 January 2013

		DOCKET NUMBER:  AR20120011077 


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, in effect, award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows:

* add award of the Purple Heart (PH) and CIB
* replace the entry "Pioneer" in item 25 (Education and Training Completed) with the entry "Combat Engineer"
* change the title of his military occupational specialty (MOS) in item 23a (Specialty Number and Title) to read "Combat Engineer" vice "Demolition Specialist"

2.  The applicant states he was wounded in Vietnam and received the PH.  He also participated in combat actions with an infantry unit and should be awarded the CIB.  Additionally, he was trained as a combat engineer and should have that designation.

3.  The applicant provides:

* DA Form 1577 (Authorization for Issuance of Awards), dated 23 March 1999
* letter, dated 23 March 1999
* PH Certificate
* Permanent Orders Number 68-4, dated 9 March 1999
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
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 requested correction of his DD Form 214 to show award of the PH.  He was previously issued a DD Form 215 adding award of the PH.  Therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings.  A copy of his DD Form 215 will be provided to him.

3.  The applicant enlisted in the Regular Army on 1 August 1968.  He completed basic combat and advanced individual training and he was awarded MOS 12A (Pioneer).  The highest rank/grade he attained while serving on active duty was specialist five/E-5.

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

* item 27 (Military Education) he completed the 8-week pioneer course in 1968
* item 31 (Foreign Service) he was assigned to Vietnam from 10 January 1960 to 6 March 1970
* item 38 (Record of Assignments) he served with Company A, 588th Engineer Battalion, Vietnam, from 23 January 1969 to 3 March 1970

5.  Special Orders Number 131 issued by Headquarters, 588th Engineer Battalion, Vietnam, dated 20 May 1969, withdrew MOS 12A (Pioneer) skill level 1 and awarded MOS 12B (Combat Engineer) skill level 2.

6.  His records do not contain orders for award of the CIB.

7.  He was honorably released from active duty on 6 March 1970.  His DD Form 214 shows he completed 1 year, 7 months, and 6 days of net active service of which 1 year, 1 month, and 27 days were foreign service.  Item 23a contains the entry "12B (Demolition Specialist)" and item 25 contains the entry "Pioneer."  The CIB is not listed on his DD Form 214.

8.  His record contains a DD Form 215, dated 23 March 1999.  This form does not list the CIB.

9.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the CIB was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, appendix V stated that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated to enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 to item 25.

11.  Army Regulation 611-201 (Enlisted Career Management Fields and MOSs), in effect at the time listed the title of MOS 12A as "Pioneer" and MOS 12B as "Combat Engineer."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not contain orders awarding him the CIB.  Additionally, his records show he held an engineer MOS and served with the 588th Engineer Battalion in Vietnam.  He did not hold an infantry MOS or was assigned or attached to an infantry unit.  Therefore, he is not entitled to award of the CIB.

2.  The only military training listed in his record was the 8-week pioneer course he completed.  There is no mention of a combat engineer course.  Therefore, he is not entitled to correction of his record to show completion of a combat engineer course.

3.  It appears the title of his MOS 12B was incorrectly entered on his DD Form 214 as "Demolition Specialist."  Army regulations in effect at the time of his service show the correct title for MOS 12B as "Combat Engineer."  Therefore, he is entitled to correction of his DD Form 214 to show his MOS as "Combat Engineer."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 deleting the entry "Demolition Specialist" from item 23a of his DD Form 214 and replacing it with the entry "Combat Engineer."

2.  The Board further determined 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 and replacing the entry "Pioneer" in item 23a of his DD Form 214 with the entry "Combat Engineer."



      _______ _  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)                                         AR20120011077



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ABCMR Record of Proceedings (cont)                                         AR20120011077



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