IN THE CASE OF:	  

		BOARD DATE:	       12 August 2008

		DOCKET NUMBER:  AR20080008093 


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, in effect, reconsideration of his earlier request to correct his records to show award of the Vietnam Service Medal, the Bronze Star Medal, the Army Good Conduct Medal, and the Combat Infantryman Badge.

2.  The applicant states that he was an infantry Soldier throughout his career.  He was never given orders for his Combat Infantryman Badge or his Bronze Star Medal.  He states Army Regulation 600-8-22 requires only that a Soldier serve in a combat zone for a period of 90 days and be military occupational specialty (MOS) qualified as an 11B (Light Weapons Infantryman).  In order to be a scout dog handler, you also had to have MOS 11B.  That made him qualified to volunteer for the 41st Scout Dog Platoon.  They were assigned to an infantry company to be the eyes and ears for the company.  They were posted 200 to 300 meters in front of the company with a point man and a radio.  They would watch for the enemy, for booby traps or weapons caches, for rice, for base camps, etc.  The enemy paid a high price for a handler’s ear and a dog’s ear.  

3.  The applicant states that he wants his proper awards – his Combat Infantryman Badge and his Bronze Star Medal.   He did not get them because the records were poorly kept or just were not produced.  Their clerk was not MOS qualified as a clerk.  He was a draftee whose MOS was 11B.  

4.  The applicant provides no new evidence except for his contentions.


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 AR20060003509 on 12 October 2006.

2.  The applicant’s new, detailed argument will be considered by the Board.

3.  The applicant’s complete military records are still not available.  A microfiche Official Military Personnel File (OMPF) is available; however, most of the documents filed are dated after his 1993 enlistment in the Army National Guard.

4.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he enlisted in the Regular Army on 3 February 1966.

5.  In the original consideration of his case, the applicant provided orders that showed he was reassigned from Fort Clayton, Panama, to Vietnam with an arrival month in Vietnam of March 1968.  

6.  In the original consideration of his case, the applicant provided orders that showed he was promoted to Sergeant, E-5, on 15 August 1968 while in the 41st Infantry Platoon (Scout Dog) in MOS 11F4D.  These orders also showed that he was awarded primary MOS 11F4D and primary MOS 11B20 was withdrawn.  

7.  The applicant’s separation orders, dated 16 March 1969, showed his last permanent duty station was the 41st Infantry Platoon (Scout Dog).

8.  Based upon an arrival month in Vietnam of March 1968 and a departure of March 1969, he was credited with participation in five campaigns.

9.  In the original consideration of his case, the applicant provided a citation indicating he was awarded the Bronze Star Medal for meritorious service.

10.  On 16 March 1969, the applicant was released from active duty and transferred to the U. S. Army Reserve.  His DD Form 214 indicated he was awarded the National Defense Service Medal and the Republic of Vietnam Campaign Medal with device (1960).


11.  The applicant’s available records contain a DA Form 2-1 (Personnel Qualification Record), prepared on 12 May 1993.  The DA Form 2-1 superseded the DA Form 20 (Enlisted Qualification Record) in January 1973.  

12.  Item 38 (Record of Assignments) of the applicant’s DA Form 2-1 shows he was separated from the U. S. Army Reserve in February 1972 and that he served in the U. S. Army Reserve again from May 1988 through March 1993 (although a Chronological Statement of Retirement Points indicates he may have enlisted in the U. S. Army Reserve in January 1984).  He enlisted in the Army National Guard on 23 March 1993.

13.  Item 9 (Awards, Decorations & Campaigns) of the applicant’s DA Form 2-1 includes the entries, “BS” and “CBT-INF-BAD.”

14.  The applicant’s OMPF contains a copy of his DD Form 214, but it appears to have been altered.  That is, entries for the Vietnam Service Medal, the Army Good Conduct Medal, the Army Commendation Medal, the Bronze Star Medal, and the Combat Infantryman Badge appear to have been entered using a typewriter different from the one that entered the National Defense Service Medal and the Republic of Vietnam Campaign Medal with device (1960).

15.  In the original consideration of his case, the applicant’s DD Form 214 was amended to add the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation Badge, and the Vietnam Service Medal with one bronze service star.

16.  Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

17.  Army Regulation 600-8-22 provides that the Combat Infantryman Badge 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.  The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.


18.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  One silver service star is worn in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged that the applicant’s DA Form 2-1 contains an entry of “BS.” However, it cannot be determined if that entry was meant to be a reference to the Bronze Star Medal (properly abbreviated as “BSM”) because there is no supporting documentation, to include the certificate the applicant now provides, filed in his OMPF.  The DA Form 2-1 also contains an entry of “CBT-INF-BAD,” but again, there is no supporting documentation for this award filed in his OMPF.

2. Regrettably, without the orders awarding the applicant the Bronze Star Medal or other corroborating evidence (e.g., an affidavit from the individual who recommended him for the award or from an individual who knew of the circumstances surrounding the recommendation for award and preferably the DD Form 214 of that individual to confirm he was in a position to recommend the applicant for the award or to know the circumstances surrounding the recommendation for award) the Bronze Star Medal certificate alone and the entries on his DA Form 2-1 are insufficient evidence on which to add the Bronze Star Medal to his DD Form 214.

3.  There are three eligibility criteria for award of the Combat Infantryman Badge. It is acknowledged that the applicant was an infantryman and that he was assigned to an infantry unit.  However, there is insufficient evidence to show he actively participated in ground combat.  Even if sufficient evidence were provided to show that the applicant actually was awarded the Bronze Star Medal, the citation on the award certificate he provided does not confirm that he actively participated in ground combat.  Regrettably, there is insufficient evidence that shows he met all of the eligibility criteria for award of the Combat Infantryman Badge.

4.  Since the applicant’s records from his Vietnam service are still not available, there is still insufficient evidence to show he met the eligibility criteria for award of the Army Good Conduct Medal.

5.  The above being said, a copy of the DD Form 214 that is filed in his OMPF will be provided to the applicant for his information/use.

6.  The applicant did provide sufficient evidence to show he served in Vietnam from March 1968 through March 1969.  Therefore, there is sufficient evidence to show he is eligible to wear one silver service star on his Vietnam Service Medal instead of the one bronze service star granted him by the previous Board.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___xx___  ___xx___  __xx____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20060003509 dated 12 October 2006.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show he is eligible to wear one silver service star on his Vietnam Service Medal.

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 showing he was awarded the Bronze Star Medal, the Army Good Conduct Medal, and the Combat Infantryman Badge.




      _______ _ xxxx_____   ___
               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)                                         AR20080008093





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ABCMR Record of Proceedings (cont)                                         AR20080008093



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