IN THE CASE OF:
BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130007005
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded 11B2P (Light Weapons Infantryman) as his secondary military occupational specialty (MOS). He also requests award of the Combat Infantryman Badge.
2. The applicant states he was awarded the secondary MOS of 11B2P prior to his discharge from South Vietnam and as a result, he believes he should be awarded the Combat Infantryman Badge for his engagements with the enemy during that time.
3. The applicant provides:
* Special Orders Number 315, dated 12 November 1966
* DD Form 214, dated 16 January 1967
* DD Form 215 (Correction to DD Form 214), dated 28 July 1987
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 was inducted into the Army on 14 April 1965. He completed his training and he was awarded primary MOS 95B2P (Military Policeman) on 27 August 1965.
3. The applicant arrived in Vietnam on 11 October 1965. He was assigned to Headquarters and Headquarters Company, 173rd Airborne Brigade.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded a secondary MOS of 11B2P on 12 November 1966. His DA Form 20 also shows that while he was in Vietnam he was performing duties in MOS 95B2P.
5. On 14 January 1967, the applicant departed Vietnam en-route to the United States. He was honorably released from active duty (REFRAD) on 16 January 1967, as an overseas returnee. At the time of his REFRAD, the entry "95B2P Mil Policeman" was made in Item 25a. (Specialty Number and Title) on his DD Form 214.
6. Army Regulation 635-5 (Personnel Separation - Separation Documents) governed the preparation of the DD Form 214. The regulation in effect at the time provided that the primary MOS code number and title was to be entered in Item 25a.
7. 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 military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. At the time the applicant's DD Form 214 was prepared, there were no provisions for including a secondary MOS on that form. His primary MOS is properly shown in Item 25a of his DD Form 214.
3. The evidence of record clearly shows that the applicant held an infantry MOS and was assigned to an infantry unit of qualifying size. However, it appears that he served his entire period in Vietnam performing in his primary MOS as a military policeman. Furthermore, there is no documentary evidence showing that the applicant had actually engaged the enemy in ground combat as an infantryman.
4. In view of the foregoing, the applicant's requests should be denied.
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) AR20130007005
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ABCMR Record of Proceedings (cont) AR20130007005
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