IN THE CASE OF:	   

		BOARD DATE:	  17 June 2014

		DOCKET NUMBER:  AR20130017649 


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 (Report of Transfer or Discharge) for the period ending 23 July 1971 to show award of the Combat Infantryman Badge (CIB) and his military occupational specialty (MOS) as 11B (Light Weapons Infantryman).  He also requests award of the Army Good Conduct Medal (AGCM).

2.  The applicant states his previous DD Forms 214 included the CIB and MOS 11B.

3.  The applicant provides a copy of his DD Form 214 for the period ending 23 July 1971.

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 of the United States on 13 June 1969, apparently with no prior service, and completed training as a light weapons infantryman in MOS 11B on 17 October 1969.

3.  He was immediately ordered to Vietnam but was absent without leave (AWOL) for 5 days before reporting to his embarkation point.

4.  In Vietnam, the applicant served as an infantryman with Company C, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division, from 23 November 1969 to 25 June 1970.  He then served as a light vehicle driver at the First Team Academy, 1st Cavalry Division, where he received nonjudicial punishment on 11 May 1971.  He departed Vietnam on 24 October 1970.

5.  After his return to the United States, he was AWOL from 5 December 1970 to 4 January 1971 (31 days) and from 22 to 27 January 1971 (6 days).

6.  On 10 May 1971, the applicant received NJP for stealing 8-track tapes from the post library and pawning them and for being absent from his place of duty.

7.  The applicant was honorably released from active duty on 23 July 1971 in pay grade E-3 and transferred to the U.S. Army Reserve.

8.  Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 64A (Light Vehicle Driver) effective 23 June 1970 and primary MOS 11B was withdrawn.

9.  Item 38 (Record of Assignments) of his DA Form 20 shows he received exclusively "excellent" conduct and efficiency ratings.

10.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the CIB or AGCM as authorized awards.

11.  There is no available evidence showing the applicant was ever recommended for or awarded the CIB or AGCM.

12.  His DD Form 214 shows his authorized awards as the National Defense Service Medal, two overseas service bars, Expert Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars, Air Medal, Bronze Star Medal, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 also shows he was charged with 43 days of lost time.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

14.  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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments

15.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214 and stated the entry in item 23a (Specialty Number and Title) shows the primary MOS code and title.

DISCUSSION AND CONCLUSIONS:

1.  The applicant held an infantry MOS and was assigned as an infantryman in a cavalry regiment in Vietnam.  However, there is no available evidence showing he was awarded the CIB or that he served in active ground combat.

2.  There is no evidence showing the applicant was recommended for or awarded the AGCM.  Given a disciplinary record that included three NJP's and 43 days of lost time, this is understandable.

3.  The applicant held MOS 64A at the time of his REFRAD and no longer held MOS 11B at all.  MOS 64A is properly shown on his DD Form 214.

4.  There is no available evidence that any other version of the applicant's DD Form 214 for the period ending 23 July 1971 or any previous DD Forms 214 were ever issued.

5.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

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 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)                                         AR20130017649



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ABCMR Record of Proceedings (cont)                                         AR20130017649



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