IN THE CASE OF:
BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130021167
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 award of the Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam (RVN).
2. The applicant states he was originally designated as a track mechanic and a wheel vehicle mechanic. He was assigned to C Troop, 3rd Cavalry Reconnaissance Squadron, 4th Cavalry Regiment, 25th Infantry Division. During his assignment in the RVN he participated in night ambush patrols and engaged the enemy in numerous firefights in and around the Mekong Delta area.
3. The applicant provides copies of
* DD Form 214
* DA Form 20 (Enlisted Qualification Record (Pages 3 and 4 only)
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 25 September 1968, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).
3. On or about 22 May 1969, the applicant was assigned for duty in the RVN as a wheel vehicle mechanic with the 590th Maintenance Battalion, 1st Logistical Command.
4. On 26 June 1970, the applicant was assigned to C Troop, 3rd Cavalry Reconnaissance Squadron, 4th Cavalry Regiment, 25th Infantry Division for duty as an automotive repair parts specialist.
5. On 18 November 1970, the applicant departed the RVN and he was assigned as a wheel vehicle mechanic at Fort Benning, GA.
6. On 25 June 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He had attained the rank/grade of specialist four SP4/E-4, and he competed 2 years,
9 months, and 1 day of total active service.
7. The applicant's DD Form 214 ending in 1971 lists his awards as the:
National Defense Service Medal
Vietnam Service Medal with four bronze service stars
RVN Campaign Medal with Device (1960)
8. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB to enlisted 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.
9. Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the CIB for his service in the RVN.
2. The evidence of record clearly shows that the applicant was not awarded an infantryman MOS. Furthermore, there is no corroborating documentation showing that he had ever engaged the enemy as an infantryman.
3. In view of the above, the applicant's request 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) AR20130021167
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ABCMR Record of Proceedings (cont) AR20130021167
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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