BOARD DATE:	  23 September 2014

		DOCKET NUMBER:  AR20140002024 


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 served in the Republic of Vietnam (RVN), was assigned to Company D, 52nd Infantry Regiment, held military occupational specialty (MOS) 11B1O (Rifleman), and was awarded the Combat Infantryman Badge (CIB).
 
2.  The applicant states he cannot recall anything during a 3-month period of time during the Vietnam War, but it should be documented in his military personnel records.  He does recall carrying an M-60 machinegun during the war.

3.  The applicant provides copies his DD Form 214, in and out-processing documents, two orders, an abstract of health service record, and a photograph.

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 enlisted in the Regular Army on 8 January 1970, for a period of 3 years, with an enlistment option for training in MOS 76P (Stock Control and Accounting Specialist).

3.  His DA Form 20 (Enlisted Qualification Record) shows in –

* item 22 (MOS) –

* Primary MOS (PMOS) 76P2O, Stock Control Specialist, 23 April 1971
* Secondary MOS (SMOS) 76V2O, Equipment Storage Specialist,
2 May 1972

* item 27 (Military Education), he completed the 5-week Stock Control and Accounting Specialist course (MOS 76P2O) in 1970
* item 31 (Foreign Service), he served in Vietnam from 13 September 1970 through 12 September 1971
* item 38 (Record of Assignments), he served in Duty MOS (DMOS) –

* 11B1O (Rifleman), Detachment 1 (Security Guard Company 1), Headquarters and Headquarters Company (HHC), 184th Ordnance Battalion, from 24 September 1970 through 14 May 1971
* 11B1O (Rifleman), Detachment 1 (Security Guard Company 1), 
88th Supply and Services (S&S) Battalion, from 15 May 1971 through 8 September 1971

* item 48 (Date of Audit), he reviewed the information on 17 February 1972

4.  Special Orders (SO) Number 74, issued by Headquarters, U.S. Army (USA) Quartermaster School Brigade, Fort Lee, VA on 13 April 1970, awarded him MOS 76P2O as his PMOS, effective 23 April 1970.

5.  SO Number 231, issued by Headquarters, USA Support Command, Cam Ranh Bay on 19 August 1971, promoted him to specialist five (E-5) in PMOS 76P2O, effective 19 August 1971.  The orders also show he was assigned to Company D, 52nd Infantry Regiment.

6.  Headquarters, USA Support Command Cam Ranh Bay, SO Number 218, dated 6 August 1971, reassigned the applicant from HHC, 88th S&S Battalion on 12 September 1971, and assigned him to the Stock Control Center, Presidio of San Francisco (PSF), CA, with a reporting date of 16 October 1971.  The orders also show he held PMOS 76P2O.

7.  SO Number 6, issued by Headquarters, PSF, CA on 10 January 1972, reassigned him from Headquarters Company U.S. Army Garrison (USAG), PSF, CA, and assigned him to the USA Transfer Station, USA Personnel Center, Oakland Army Base, Oakland, CA, on 14 January 1972 for separation processing.

8.  The applicant's DD Form 214 shows he was honorably released from active duty on 14 January 1972 and transferred to the U.S. Army Reserve.  He completed 2 years and 7 days of net active service during this period of active duty, including 1 year, 4 months, and 2 days of foreign service.  It also shows in –

* item 12 (Last Duty Assignment and Major Command):  Headquarters Company, USAG, PSF, CA (Sixth Army)
* item 23a (Specialty Number and Title):  76P2O, Control and Accounting Specialist
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* RVN Campaign Medal with Device (1960)

* item 30 (Remarks):  RVN from 13 September 1970 to 12 September 1971

9.  A review of his military personnel records failed to reveal any orders or other evidence that shows he was awarded MOS 11B or the CIB.

10.  In support of his application he provides the following documents:

   a.  Enlisted In-Processing sheet, with an effective date of 24 September 1970, that shows -

* DMOS 11B1O
* PMOS 76P2O

   b.  SO Number 263, issued by Headquarters, USA Support Command, Qui Nhon on 20 September 1970, which assigned him to Detachment 1 (Security Guard Company 1), HHC 184th Ordnance Battalion, for duty in DMOS 11B1O 

with duty title Rifleman, effective 24 September 1970.  The orders also show his PMOS as 76P2O.

   c.  Individual Inter-Installation Travel Form, dated 8 September 1971, that  shows he was authorized to perform essential travel by vehicle on 8 September 1971 with Company D, 52nd Infantry Regiment.

   d.  DA Form 2658 (Health Record - Abstract of Service), which shows his organization as "D-52" (Company D, 52nd Infantry Regiment) in February 1971.

   e.  A photograph of an individual holding an M-60 machinegun.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. Paragraph 8-6 contains the regulatory guidance for the CIB.  It states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  During the Vietnam Conflict, announcement of award of the CIB was made in unit special orders.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  

   a.  This purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions show for –
* item 12, for personnel reassigned on orders to a transfer activity, enter the losing unit of assignment as shown in the standard name line and the title of the major command or agency having jurisdiction over the losing unit of assignment as shown in the lead line "Maj Comd/Agcy" of the orders reassigning the individual to the transfer activity
* item 23, enter PMOS code number and title
* item 24, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in the RVN with Company D, 52nd Infantry Regiment, he held PMOS 11B1O, and he was awarded the CIB.
 
2.  His service in the RVN from 13 September 1970 to 12 September 1971 is recorded in item 30 of his DD Form 214.

3.  Records show he was awarded PMOS 76P2O and he held that PMOS during the entire period of military service under review.  MOS 76P2O is recorded in item 23a of his DD Form 214.

   a.  The evidence of record shows he performed duties in DMOS 11B1O as a rifleman throughout his entire tour of duty in the RVN, while assigned to Detachment 1 (Security Guard Company 1) with HHC, 184th Ordnance Battalion (from 24 September 1970 through 14 May 1971) and then with HHC, 88th S&S Battalion (from 15 May 1971 through 8 September 1971).

   b.  The evidence of record does show he served with Company D, 52nd Infantry Regiment.

   c.  There is no evidence of record that shows he was awarded MOS 11B as his PMOS or SMOS; however, the available evidence does show he held PMOS 76P2O.

   d.  It is not unusual for a Soldier to serve in a DMOS that does not correspond with his PMOS; however, the mere performance of duty in a DMOS does not necessarily result in the MOS being awarded as a PMOS or SMOS.

   e.  Thus, there is no basis for correcting the entry in item 23a of the applicant's DD Form 214.

4.  The evidence of record shows that for personnel reassigned on orders to a transfer activity, the losing unit of assignment and the title of the major command or agency having jurisdiction over the losing unit of assignment as shown in the applicant's orders reassigning him to the transfer activity will be entered in item 12 of the DD Form 214.

   a.  Records show that prior to his transfer to the transfer station for separation processing, he was assigned to Headquarters Company, USAG, PSF, CA (Sixth Army), and that information is entered in item 12 of his DD Form 214.

   b.  Thus, there is no basis for correcting the entry in item 12 of the applicant's DD Form 214.

5.  The applicant's request for award of the CIB was carefully considered.

	a.  Records show he was awarded PMOS 76P2O.  Records also show that he performed in Duty MOS 11B1O (Rifleman) with Detachment 1, Security Guard (emphasis added) Company 1, while serving in the RVN.

   b.  There is evidence that the applicant served with Company D, 52nd Infantry Regiment while in the RVN; however, the available evidence shows he held PMOS 76P2O during that period.  

	c.  The regulatory guidance governing award of the CIB that was in effect at the time is clear.  Specifically, it shows that award of the CIB was limited to infantrymen (emphasis added) serving in infantry duties.
   
   d.  There are no orders or other evidence in his military service records that show he was awarded MOS 11B or that he was awarded the CIB.

   e.  Therefore, in view of the foregoing, there is an insufficient basis to support his claim to the CIB.

6.  Therefore, in view of all of the foregoing, there is no basis for granting the requested relief.


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)                                         AR20140002024



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ABCMR Record of Proceedings (cont)                                         AR20140002024



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