IN THE CASE OF:  	  

		BOARD DATE:  16 September 2014  	  

		DOCKET NUMBER:  AR20130021895 


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 Separation from Active Duty) for the period ending 28 February 1975 to show he was awarded the Combat Infantryman Badge (CIB), the Parachute Rigger Badge, and the Army Commendation Medal (ARCOM).  

2.  He states:

* his last military occupational specialty (MOS) was 11F4H (Infantry Operations and Intelligence Specialist) in Vietnam in 1970
* his DA Form 20 (Enlisted Qualification Badge) shows he completed the requirement for award of the Parachute Rigger Badge
* these awards, to include the ARCOM for 20 years and 1 month of honorable service, were never added to his DD Form 214

3.  He provides his DD Form 214 for the period ending 28 February 1975.

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.  After having prior service in the U.S. Marine Corps (USMC) and USMC Reserve, the applicant enlisted in the Regular Army (RA) on 26 January 1959.  He was discharged on 30 January 1961 for immediate reenlistment.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued for this period does not show he was awarded the CIB, Parachute Rigger Badge or ARCOM.  

3.  He reenlisted on 31 January 1961 and he was discharged on 30 January 1967 for immediate reenlistment.  His DD Form 214 for this period is not present in his records.  

4.  He reenlisted on 31 January 1967.  His DA Form 20 shows in:

	a.  Item 22 (MOSs) – he was awarded primary MOS 11F4H on 26 November 1969; no entry indicating he was awarded MOS 43E (Airdrop Assistant).

	b.  Item 27 (Military Education) – no entry indicating he completed the Parachute Rigger Course or Parachute Maintenance and Airdrop Course.

	c.  Item 31 (Foreign Service) – he served in Vietnam from 30 September 1966 to 23 September 1967 and from 15 September to 22 October 1970.  

	d.  Item 38 (Record of Assignments) – he performed the duties of a General Warehouseman in duty MOS 56B (General Warehouseman) while assigned to 148th Supply and Service Company and he performed duties of a Equipment Storage Specialist  in duty MOS 76V (Equipment Storage Foreman) while assigned to the 53rd Supply Company in Vietnam.  He also performed the duties of an Operations Advisor in duty MOS 11F4O while assigned to U.S. Military Assistance Command, Vietnam (MACV).  

	e.  item 41 (Awards and Decorations) – no entries for award of the CIB, Parachute Rigger Badge, and ARCOM.

5.  His service record does not contain orders which show he was awarded the CIB, Parachute Rigger Badge or ARCOM.

6.  He was retired from active duty on 28 February 1975.  His DD Form 214 for this period does not show award of the CIB, Parachute Rigger Badge, or ARCOM.  

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the ARCOM pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) states the CIB 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.

9.  Army Regulation 600-8-22 states the eligibility requirements for the Parachute Rigger Badge are as follows: 

   a.  Any individual who successfully completes the Parachute Rigger course conducted by the U.S. Army Quartermaster School and holds an awarded MOS
of 43E (enlisted) or 401A (warrant officers) may be awarded the Parachute Rigger Badge.  Officers qualify upon successful completion of one of the following courses: Aerial Delivery and Materiel Officer Course; Parachute Maintenance and Aerial Supply Officer Course; Parachute Maintenance and Airdrop Course (officer or enlisted) or Parachute Rigger Course (enlisted). Sergeants Major and Master Sergeants who hold by career progression a MOS of 00Z or 76Z and formerly held an awarded MOS of 43E are qualified for award of the Parachute Rigger Badge.

   b.  The Parachute Rigger Badge may be awarded retroactively to any individual who graduated from the Parachute Rigger School after May 1951 and holds or at anytime held an awarded MOS listed in paragraph a above.  Officers must have successfully completed one of the courses listed in paragraph a above to qualify for retroactive award of the badge. The badge may also be awarded retroactively to any individual who performed as a rigger prior to May 1951 and did not attend or graduate from the U.S. Army Quartermaster Center and School.
   
10.  Army Regulation 600-8-22 states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was awarded MOS 11F4H on 26 November 1969 and he performed duties as an Operations Advisor while assigned to MACV in Vietnam.

2.  Based on Army Regulation 600-8-22, award of the CIB requires service in an infantry MOS while in an infantry unit engaged in active ground combat with the enemy.

3.  Although the applicant was awarded an infantry MOS, his service record does not show he was assigned to an infantry unit or was engaged in active ground combat with the enemy while assigned to an infantry unit during his assignment in Vietnam.  Therefore, there is insufficient evidence to show he met all of the requirements for award of the CIB.

4.  His service record is void of evidence which shows he completed the Parachute Rigger Course or Parachute Maintenance and Airdrop Course; therefore, he did not meet the requirements for award of the Parachute Rigger Badge.  

5.  His service record does not contain orders awarding him ARCOM.  Absent such orders, there is an insufficient evidentiary basis for granting him award of the ARCOM.

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)                                         AR20130021895





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130021895



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1