BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130005969
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 Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 7 May 1949 instead of 7 March 1949.
2. The applicant states the DOB shown on his DD Form 214 is incorrect. He contends that his military occupational specialty (MOS) was 11B (Light Weapons Infantryman) and that he served two tours in Vietnam but did not receive the CIB.
3. The applicant provides a 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. On 6 June 1967, he completed a DD Form 398 (Statement of Personal History) in which he listed his DOB as 7 May 1949.
3. He enlisted in the Regular Army on 8 June 1967 and he was awarded MOS 62B (Engineer Heavy Equipment Maintainer and Operator) upon completion of initial entry training. His DOB is listed as 7 May 1949 on his DD Form 4 (Enlistment Record).
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 15 July 1968 to 13 February 1970. Item
38 (Record of Assignments) shows he was assigned to the 716th Military Police (MP) Battalion while in Vietnam with duties in MOS 11B as a security guard.
5. Special orders issued by Headquarters, U.S. Army Headquarters Area Command, dated 16 January 1969, awarded him MOS 11B.
6. The CIB is not included in the list of awards in item 41 (Awards and Decorations) of his DA Form 20.
7. His military records are void of orders or any other document that indicate he was recommended for or awarded the CIB.
8. There is no evidence in his military records indicating he served a second tour duty in Vietnam.
9. He was honorably released from active duty on 13 February 1970. His DOB is listed as 7 March 1949 on his DD Form 214. The CIB is not listed as an authorized award on his DD Form 214.
10. 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.
11. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 398 and DD Form 4 show he listed his DOB as
7 May 1949 but his DD Form 214 shows his DOB as 7 March 1949. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his DOB being incorrectly listed. Therefore, his DD Form 214 should be corrected to show his correct DOB.
2. Evidence shows he was awarded MOS 11B while in Vietnam. However, evidence also shows that he served with an MP unit while in Vietnam. Without evidence showing he was assigned to an infantry unit and that he engaged in active ground combat with such unit, there is insufficient evidence for award of the CIB. Therefore, this portion of his request should 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 amending his DD Form 214 to show his DOB as 7 May 1949.
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 the CIB.
_______ _ 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.
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