IN THE CASE OF:	

	BOARD DATE:	17 September 2008  

	DOCKET NUMBER:  AR20080008605 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Bronze Star Medal and the Combat Infantryman Badge.

2.  The applicant states that he was awarded the Bronze Star Medal for meritorious service and the Combat Infantryman Badge during his service in the Republic of Vietnam.

3.  The applicant provides a copy of a letter from the Department of Veterans Affairs concerning his claim for service connected benefits.

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.  On 10 October 1967, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  On 29 March 1968, the applicant completed the Basic Airborne Course at Fort Benning, Georgia.

4.  On 29 November 1968, the applicant was assigned duty as a scout observer with E Company, 20th Infantry (Airborne) Regiment, in the Republic of Vietnam.  This unit was redesignated as C Company (Ranger), 75th Infantry (Airborne) Regiment on or about 22 February 1969.

5.  On 16 November 1969, the applicant returned to the United States for duty at Fort Hood, Texas.

6.  On 23 January 1970, the applicant’s MOS was changed to 11D (Armor Intelligence Specialist).

7.  On 21 August 1970, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade E-4 and had completed 
2 years, 10 months and 12 days of creditable active duty.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Air Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal [with “1960-“Device], Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Pistol and Mortar Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Bronze Star Medal or the Combat Infantryman Badge. 

9.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a Bronze Star Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  
11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 (formerly known as the Total Army Personnel 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.

12.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  There are no available general orders showing that the applicant was awarded the Bronze Star Medal.  The applicant has not provided any documentary evidence sufficient upon which to base a correction of his records.  Should he have, or be able to obtain, a copy of the orders awarding him the Bronze Star Medal, or be able to provide other evidence to corroborate this award, he may submit another application for consideration.

2.  The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  However, it does not sufficiently show that he ever engaged in active ground combat.  Therefore, his request for award of the Combat Infantryman Badge should not be granted. 




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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080008605



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