BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140004067
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 in:
* item 8b (Selective Service Local Board Number, City, County, State, and Zip Code) McConnellsburg instead of Connellsburg
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Awarded or Authorized) Combat Infantryman Badge (CIB)
2. The applicant states, in effect, his DD Form 214 should have included the CIB, and the city listed for his Selective Service Local Board is spelled incorrectly.
3. The applicant provides a copy of his DD Form 214.
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 9 July 1970. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. Item 3 (Home of Record) on his DD Form 47 (Record of Induction) shows the city as McConnellsburg.
4. He served in Vietnam during the period 13 December 1970 through 8 December 1971. While in Vietnam, his assignments and duty MOS DMOS were as follows:
* Company D, 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division from 24 December 1970 through 23 March 1971, DMOS 11B (Rifleman)
* 597th Transportation Company from 24 March 1971 through on or about 4 December 1971, DMOS 11B (Light Weapons Infantryman)
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.
6. On 25 January 1972, he was honorably released from active duty. His DD Form 214 does not show he was awarded the CIB.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant held MOS 11B and served in an infantry unit during his service in Vietnam, there is no evidence of record and the applicant provided insufficient evidence to show he participated in ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. Further, there is no evidence of record that shows the applicant was awarded the CIB. Therefore, the available evidence is insufficient to support the applicant's request for correction of his records to show award of CIB.
2. With respect to the city of his Selective Service Local Board entered on his DD Form 214, it appears an administrative error occurred in transcribing the city from his DD Form 47. Therefore, he is entitled to correction of his DD Form 214 to show the properly-spelled city.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X___ __X______ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from item 8b on his DD Form 214 the entry "Connellsburg" and replacing it with the entry "McConnellsburg."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the CIB.
__________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) AR20140004067
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ABCMR Record of Proceedings (cont) AR20140004067
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