Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130007005
Original file (20130007005.txt) Auto-classification: Denied

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130007005



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100026599

    Original file (20100026599.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant's request for award of the CIB, correction of his DD Form 214 to show this award, and correction of his DD Form 214 to show he held MOS 11B was carefully considered; however, there is insufficient evidence to support this request. Absent this evidence, there is insufficient evidence upon which to award the CIB in this case, or to correct his DD Form 214 to show it.

  • ARMY | BCMR | CY2007 | 20070016540

    Original file (20070016540.txt) Auto-classification: Denied

    There are no orders or other evidence in the applicant’s military service records that show he was awarded the Combat Infantryman Badge. The applicant contends, in effect, that his request for award of the Combat Infantryman Badge should be reconsidered because he held MOS 11B as his secondary MOS, served in duty MOS 11B, and also served in combat situations during his second tour in the RVN. There are no orders or other evidence to show the applicant was awarded the Combat Infantryman Badge.

  • ARMY | BCMR | CY2009 | 20090015042

    Original file (20090015042.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests that his records be corrected awarding him the Combat Infantryman Badge and showing he served in the military occupational specialty (MOS) 11B (light weapons infantryman). The applicant's DA Form 20 (Enlisted Qualification Record) provides the following pertinent information: a. award of primary MOS 94B effective 24 January 1969; b. award of secondary MOS 11B effective 10...

  • ARMY | BCMR | CY2009 | 20090010589

    Original file (20090010589.txt) Auto-classification: Approved

    The applicant requests award of the Combat Infantryman Badge, Air Medal, Parachute Rigger Badge, and any unit awards he may be entitled to. Records show the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; b. awarding him the Combat Infantryman Badge and the Parachute Rigger Badge; and c. adding to item...

  • ARMY | BCMR | CY2010 | 20100028976

    Original file (20100028976.txt) Auto-classification: Approved

    His DA Form 20 (Enlisted Qualification Record) shows in: a. item 22 (Military Occupational Specialties): (1) primary MOS (PMOS) 11B2P, Light Weapons Infantryman, effective 1 August 1967, (2) 11F2P, Intelligence, effective 1 December 1968, and (3) 05B2P, Radio Operator effective 1 February 1968. b. item 38 (Record of Assignments) that he was assigned in Vietnam to Company C, 2d Battalion, 502d Infantry from 2 July 1967 to 14 October 1967, and to Company E, 20th Infantry from 15 October 1967...

  • ARMY | BCMR | CY2009 | 20090001598

    Original file (20090001598.txt) Auto-classification: Denied

    The applicant's military service records are not available to the Board for review. Therefore, in the absence of orders awarding the applicant MOS 11B as his PMOS or some other substantiating evidence, there is insufficient evidence to support correction of the applicant’s separation orders and final DD Form 214, particularly in view of the evidence below. While the evidence of record indicates that the applicant was assigned to an infantry unit and he may have performed the duties of an...

  • ARMY | BCMR | CY2005 | 20050003356C070206

    Original file (20050003356C070206.doc) Auto-classification: Approved

    The applicant's DD Form 214 for the period ending 12 December 1967 shows the Vietnam Service Medal, the National Defense Service Medal, the Vietnam Campaign Medal, the first award of the Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry in item 10a on his DD Form 214 for the period ending 20...

  • ARMY | BCMR | CY2008 | 20080009593

    Original file (20080009593.txt) Auto-classification: Denied

    There are no orders in the applicant’s military service records that show he was awarded the Combat Infantryman Badge and his DA Form 20 does not list the Combat Infantryman Badge in Item 41 (Awards and Decorations). There are also no orders or other evidence to show the applicant was awarded the Combat Infantryman Badge. Thus, the evidence of record fails to show that the applicant served as an infantryman who satisfactorily performed infantry duties, that he was assigned or attached to...

  • ARMY | BCMR | CY2012 | 20120008275

    Original file (20120008275.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Combat Infantryman Badge (CIB). By regulation, in order to be awarded the CIB there must be evidence that an individual held and served in an infantry MOS.

  • ARMY | BCMR | CY2007 | 20070011591

    Original file (20070011591.TXT) Auto-classification: Approved

    Evidence of record further shows that his grade is correctly reflected in Item 3a of his DD Form 214. Evidence of record further shows that PMOS 72M2P is correctly reflected in Item 25a of his DD Form 214. As a result, the Board recommends denial of so much of the application that pertains to change the applicant's grade, MOS, and civilian occupation associated with this MOS; listing his certificate of achievement, letter of commendation, Soldier of the Month Award, and the Cold War...