APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to reflect that he was awarded the Silver Star (SS) and the Combat Infantryman Badge (CIB).
APPLICANT STATES: That he believes that he was awarded the CIB but it is not reflected in his records. Also, two other soldiers who he served with were awarded the SS for the same action that he participated in while serving in Vietnam in June 1967.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years on 31 December 1964. He served 14 months in Korea and 13 months in Vietnam as an armored crewman and light weapons infantryman. On 23 December 1967 he was honorably discharged by reason of expiration of his term of service.
His record shows that he was awarded the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Vietnam Gallantry Cross Unit Citation, the Expert Badge with pistol bar and the Sharpshooter Badge with rifle and tank weapons bar.
The evidence of record reflects that he was awarded an infantry military occupational specialty and was assigned to a combat unit while in Vietnam. However, there is no evidence that he was recommended for or awarded a CIB or SS.
Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized. The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority. Upon approval, awards and badges will be announced in orders published by the Department of the Army or commanders authorized to approve the decoration.
The same regulation provides that to be eligible for the Combat Infantryman Badge, an individual must be an infantryman with an infantry military occupational specialty and must perform primary duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.
Paragraph 3-9 of the same regulation addresses award of the SS and states, in pertinent part, that the SS is awarded to a person who, while serving in any capacity with the US Army, is cited for gallantry in action against an enemy of the US while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces in which the US is not a belligerent party. The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. There is no evidence in the applicant's personnel records that a recommendation for the SS or CIB was ever submitted in his behalf. The fact that other members of his unit may have received awards for the same action in which he participated does not overcome the need for proof in his own case.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
3. In view of the foregoing, there appears to be no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
David R. Kinneer
Executive Secretary
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