RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070007656 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst


The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. John Meixell

Member

Mr. David Tucker

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his previous request for award of the Combat Infantryman Badge, Bronze Star Medal and Army Commendation Medal.

2.  The applicant states, in effect, that it is disheartening to him that because there are no documents in his file to support his request he is being denied the recognition that he deserves. 

3.  The applicant provided copies of the following documents in support of his reconsideration application:

	a.  Self-authored letter responding to the Army Board for Correction of Military Records (ABCMR) denial letter dated 15 May 2007 of his request for award of the Combat Infantryman Badge, Bronze Star Medal and Army Commendation Medal dated 11 October 2006. 

	b.  A copy of a report titled "Combat After Action Report, Vietnam 1969" from the Internet site http//www.vitvet.org/aarpt1.htm.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060014865, on 3 May 2007.

2.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 20 December 1969 was corrected on 16 July 2007 by DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).  The DD Form 215 corrected the applicant's record as follows:  

	a.  Delete:  NDSM, VCM, VSM, MKM (M60) GCMDL, 2 O/S Bars.

	b.  Add:  National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with 4 Bronze Service Stars, Marksman Qualification Badge with Machine Gun and Automatic Rifle Bars, Good Conduct Medal, 2 Overseas Service Bars, Republic of Vietnam Gallantry 

Cross with Palm Unit Citation Badge, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge, and Sharpshooter Qualification Badge with Rifle Bar.  And Service in Vietnam:  20 December 1968 to 19 December 1969.

3.  The applicant submitted as new evidence to his reconsideration request a combat after action report from an internet site for the 2nd Battalion (Mechanized), 8th Infantry, 4th Infantry Division which is the unit he states he was attached to in Vietnam.  The after action report submitted sites that the research for its report is taken from operational reports, staff duty journals, and duty officer's logs at the battalion, brigade and division level from the National Archive and Records Administration located in College Park, Maryland.  A review of the report shows that the names of the Soldiers killed in action on 22 March 1969 and the chain of command are listed in this consolidated report.  The applicant is not specifically identified nor is there any reference to any Soldiers in his unit receiving awards for their combat actions during the period 17 March 1969 through 22 March 1969.

4.  The applicant's self-authored letter addresses the following issues:

	a.  He apologizes for not meeting the 3-year statute of limitations required to correct his DD Form 214.  

	b.  He suffers from Post-Traumatic Stress Disorder and its affects are nightmares, personal hardship, and flashbacks to his combat experiences in Vietnam.

	c.  He only noticed the errors on his DD Form 214 after he filed a claim with the Department of Veterans Affairs. 

	d.  He does not have contact with his past commanders so he can not solicit their help to support his application.  He asks the Board to assist him in locating his combat chain of command.

	e.  He would like to receive the recognition that he believes he rightfully earned and deserves since he was given the medals in Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Combat Infantryman Badge, Bronze Star Medal and Army Commendation Medal based on his receiving the medals while serving with the 2nd Battalion, 8th Infantry in the Republic of Vietnam has been carefully considered, but regrettably there is no supporting documentation that formally awarded the applicant these three specific awards.  

2.  The applicant's new evidence does not support award of the medals as there is no specific mention of him physically being recognized for his combat actions during the period 17 March 1969 through 22 March 1969, which are the specified dates of the combat period recorded in the unofficial consolidated after action report.  

3.  The applicant's records were administratively corrected on 16 July 2007 to recognize his service in the Republic of Vietnam for the period 20 December 1968 to 19 December 1969.  Regrettably, the Board is not in a position to assist the applicant in locating the officers and noncommissioned officers within his chain of command.   

4.  The Army Board for Correction of Military Records regrets any impression given that the original review and denial of the applicant's request was based solely upon the statute of limitations.  The applicant's request was, and is now being considered on its merits.  Unfortunately, there simply is insufficient evidence available to grant this request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JS___  __JM ___  __DT   __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 to amend the decision of the ABCMR set forth in Docket Number AR20060014865, dated 3 May 2007.



2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




_______John Slone___________
          CHAIRPERSON




INDEX

CASE ID
AR20070007656
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071018
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.