IN THE CASE OF:	  

		BOARD DATE:	       7 August 2008

		DOCKET NUMBER:  AR20080009782 


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 that he be awarded the Combat Infantryman Badge for his service in Vietnam as a radio operator with an infantry unit.  He also requests the "addition of the "V" Device to my Bronze Star." 

2.  The applicant states that he was in Vietnam for 14 months as a PRC-25 radio operator with an infantry unit.  At times he also carried a grenade launcher.  He describes an engagement in which the lieutenant was killed.  He calls this the "Battle of the Streambed". 

3.  The applicant provides his personal statement and copies of the following:  a hand-written message; a card of "Radiotelephone Procedure"; a citation for the Army Commendation Medal for meritorious service while a member of Headquarters and Headquarters Company (HHC), 3rd Battalion, 12th Infantry; seven pages of photographs; a handwritten statement, dated December 12, 2007; an envelope showing the signee of the above statement as the return addressee; an Internet webpage entry showing a casualty listed on the Vietnam Memorial; a letter from the National Archives listing a "Staff Daily Journal for 3rd Battalion, 12th Infantry," for 29 October 1969 as an enclosure; approximately 22 pages [presumably] of that journal; and the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 





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 was inducted on 20 March 1969.  He completed training as a wireman in military occupational specialty 36K and, on 13 October 1969, he was assigned to Vietnam where he served with HHC, 3rd Battalion. 

3.  On 19 October 1970, he returned to the United States and was released from active duty early as an overseas returnee and transferred to the United States Army Reserve Control Group (Annual Training).  His awards are listed in block 24 of his DD Form 214 as the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  His DD Form 20 (Enlisted Qualification Record) lists those same awards in block 41.

4.  There is no evidence in the applicant's record that he was recommended for the Bronze Star Medal or Bronze Star Medal with “V” Device.  A search of Awards and Decorations Computer Assisted Retrieval System (ADCARS); a computerized file of available general orders issued during the Vietnam era between 1965 and 1973 failed to reveal any Bronze Star Medal orders for the applicant.  

5.  United States Army Vietnam Regulation 672-1 (Military Awards), in effect at the time, governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.

6.  Army Regulation 600-8-22 (Military Awards), currently in effect, provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.
7.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” Device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  
Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, the regulation provides that only one “V” Device may be worn on awards of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal for heroism.

8.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations), then in effect, provided, in pertinent part, for award of the Combat Infantryman Badge. Appendix 3 to Annex A of this regulation listed positions which qualified for award of the Combat Infantryman Badge.  The regulation authorized award of the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

9.  Army Regulation 600-8-22 (Military Awards), currently in effect, 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.
   
10.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  There is no available evidence that the applicant's primary assignment qualified him for the award or that he was awarded the Combat Infantryman Badge. 
2.  There is no available evidence that he was recommended for the Bronze Star Medal or for an award of any other decoration for heroism.  

3.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal or the Bronze Star Medal with “V” Device, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal with “V” Device” by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

4.   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 this requirement.

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)                                         AR20080009782



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ABCMR Record of Proceedings (cont)                                         AR20080009782



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