IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140013648
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:
* his rank as sergeant (SGT) vice SGT (temporary (T))
* the Combat Infantryman Badge
2. The applicant states he was awarded the Combat Infantryman Badge and the Combat Medical Badge while on active duty in Vietnam. He is providing supporting materials to show this.
3. The applicant provides his DD 214, page 1 of his DA Form 20 (Enlisted Qualification Record), four orders, and a letter from the National Personnel Records Center, dated 4 February 2008.
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 17 November 1965 and he held primary military occupational specialty (PMOS) 91B (Medical Specialist) and secondary MOS (SMOS) 11B (Light Weapons Infantryman).
3. On 12 August 1967, he was assigned in MOS 91B to Company A, 5th Special Forces Group (SFG), Vietnam.
4. He provides Special Orders (SO) Number 275, dated 3 October 1967, issued by Headquarters (HQ), 5th SFG, awarding him the Combat Infantryman Badge (1st Award).
5. His record contains SO Number 352, dated 19 December 1967, issued by HQ, 5th SFG, wherein it amended SO Number 275 by changing award of the Combat Infantryman Badge (1st Award) to read award of the Combat Medical Badge (1st Award) (emphasis added).
6. He provides and his record contains the following orders issued by HQ, 5th SFG:
* SO Number 19, dated 19 January 1968, appointing him to the temporary grade of SGT/E-5 (emphasis added)
* General Orders (GO) Number 9, dated 7 February 1968, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 3 February 1968
7. On 8 February 1968, he was assigned in a patient status to the 249th General Hospital, Vietnam. On 18 February 1968, he was medically evacuated from Vietnam and assigned in a patient status to the military hospital, Denver, CO.
8. On 15 November 1968, he was honorably retired by reason of permanent disability. Item 5a (Grade, Rate, or Rank) of the DD Form 214 he was issued shows the entry SGT (T).
9. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows, in part, the Combat Medical Badge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was appointed to the temporary rank/grade of SGT/E-5 on 19 January 1968. His rank of SGT (T), the rank he held at the time of his retirement on 15 November 1968, is properly shown on his DD Form 214.
2. Although orders were initially issued that awarded him the Combat Infantryman Badge, these orders were apparently issued in error as they were later amended to show he was awarded the Combat Medical Badge and not the Combat Infantryman Badge. Therefore, he is not entitled to 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) AR20140013648
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140013648
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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