IN THE CASE OF: BOARD DATE: 1 March 2016 DOCKET NUMBER: AR20150003450 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 12 December 1972 to show the Combat Infantryman Badge (CIB) and his correct Vietnam service. 2. The applicant states, in effect: * his record does not list the CIB * he was not credited with the correct time in Vietnam * he reenlisted at Fort Meade, MD in order to return to Vietnam * he remained in Vietnam until 2 October 1972, but it's not on record 3. The applicant provides a Letter of Commendation and three DD Forms 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 enlisted in the Regular Army on 29 July 1968. He completed training and was awarded an additional military occupational specialty (AMOS) of 11B (Light Weapons Infantryman) on 29 November 1968. 3. His DA Form 20 shows in: * Item 22 (MOSs) he was awarded AMOS 13A (Field Artillery, Basic) on 12 March 1969 and secondary MOS (SMOS) 76Y (Armorer/Unit Supply Specialist on 29 September 1969 * Item 31 (Foreign Service) he was assigned to Vietnam on 20 December 1968 * Item 38 (Record of Assignments) he performed duties as a Cannoneer in duty MOS 13A while assigned to Battery C and Battery A, 1st Battalion, 30th Artillery, 1st Air Cavalry Division (Airmobile) during his first tour in Vietnam * item 41 (Awards and Decorations) no entry for the CIB 4. He was honorably discharged on 28 September 1969 for immediate reenlistment. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 September 1969 shows in: * Item 22c (Foreign and/or Sea Service) he completed 9 months and 9 days of foreign service in the U.S. Army Vietnam (USARV) * Item 23a (Specialty Number and Title) the entry "13A1O FA Basic" * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) no entry showing he was awarded or authorized the CIB * Item 25 (Education and Training Completed) he completed training as a Light Weapons Infantryman 5. He reenlisted on 29 September 1969 and departed Vietnam on 16 December 1969. 6. His DA Form 20 shows in: * Item 22 he was awarded primary MOS (PMOS) 64C (Heavy Vehicle Driver) on 1 July 1971 * Item 31, he was assigned to Germany from 9 February to 7 June 1970 and to Vietnam from 15 July 1970 to 6 June 1971 * Item 38 he performed duties as an Armorer/Unit Supply Specialist in duty MOS 76Y and Supply Clerk in duty MOS 76A in Vietnam * Item 38 he was assigned to the 507th Transportation Group and the Service Battery, 1st Battalion, 83rd Field Artillery during his second tour in Vietnam 7. He was honorably discharged on 12 December 1971 for immediate reenlistment. His DD Form 214 for the period ending 12 December 1971 shows in: * Item 22c he completed 1 year of foreign service in the U.S. Army Pacific (USARPAC) * Item 23a the entry "64C3O Hvy Veh Drv" * Item 24 no entry showing the CIB * Item 25 he completed 8 weeks of training as a Light Weapons Infantryman in 1968 at Fort Polk, LA * Item 30 (Remarks) he served in Vietnam from 15 July 1970 to 6 June 1971 8. He reenlisted on 13 December 1971. 9. His DA Form 20 shows in: * Item 31 he was reassigned to Vietnam from 5 March to 8 December 1972 * Item 38 he performed duties as a Motor Transport Operator in duty MOS 64C in Vietnam * Item 38 he was assigned to the 379th Transportation Company, the 261st Transportation Company, and the 446th Transportation Company during his last tour in Vietnam 10. He was honorably discharged on 12 December 1975, his DD Form 214 for this period of service shows in: * Item 16a (Primary Specialty Number and Title) the entry "64C3O 710701 Hvy Veh Drv" * Item 17a (Secondary Specialty Number and Title) the entry "76Y2O 690929 Arm/Unit Sup Spec" * Item 18 (Record of Service) he completed 9 months and 3 days of foreign service * Item 19 (Indochina or Korea Service since 5 August 1964) he served in Vietnam from 5 March 1972 to 8 December 1972 * Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) no entry showing the CIB * Item 27 (Remarks) he served in Vietnam from 20 December 1968 to 16 December 1969 and 15 July 1970 to 6 June 1971 11. His service record does not contain orders showing he was awarded the CIB. 12. He provided a Letter of Commendation, dated 2 October 1972, recognizing him for superior performance as a member of the Escort Platoon, Headquarters and Headquarters Company, 266th Composite Service Battalion, Long Binh in the Republic of South Vietnam. 13. 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. 14. Army Regulation 635-5 (Separation Documents) in effect at the time, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was awarded AMOS 11B on 29 November 1968. His service record does not indicate he served as an infantryman while assigned to an infantry unit during active ground combat. 2. Records show the applicant was awarded AMOS 13A and he performed duties as a Cannoneer (MOS 13A) while assigned to Battery C and Battery A, 1st Battalion, 30th Artillery, 1st Air Cavalry Division (Airmobile) in Vietnam. 3. The evidence of record shows he was awarded SMOS 76Y and he performed duties as an Armorer/Unit Supply Specialist (MOS 76Y) and as a Supply Clerk (MOS 76A) while assigned to the 507th Transportation Group and the Service Battery, 1st Battalion, 83rd Field Artillery in Vietnam. 4. The evidence of record also shows he was awarded PMOS 64C and he performed duties as a Motor Transport Operator (MOS 64C) while assigned to the 379th Transportation Company, the 261st Transportation Company, and the 446th Transportation Company during his last tour in Vietnam. 5. Award of the CIB requires service in an infantry MOS while assigned to an infantry unit engaged in active ground combat with the enemy. 6. The evidence of record does not show the applicant held an infantry MOS, was engaged in active ground combat with the enemy while assigned to an infantry unit during his tours in Vietnam. 7. He served in Vietnam from 20 December 1968 to 16 December 1969, from 15 July 1970 to 6 June 1971, and from 5 March to 8 December 1972. His DD Form 214 for the period ending 12 December 1975 properly shows he completed 9 months and 3 days of foreign service during the period covered by the report. This discharge document also reflects each period of service in Vietnam. 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) AR20150003450 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003450 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1