IN THE CASE OF:	

		BOARD DATE:	  	  6 November 2008  

		DOCKET NUMBER:  AR20080013114 


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

2.  The applicant states that the BSM was awarded by a general.  He states, in effect, that he served as an infantryman in Vietnam but he was never awarded a CIB.

3.  The applicant provides a personal statement; his DD Form 214 for the period ending 17 March 1970; a certificate for award of the Bronze Star Medal, dated 13 May 1968; a letter, dated 19 July 1968, from an assistant adjutant, Fort Carson, Colorado; a Certificate of Training, dated 22 October 1964; and a copy of an article.

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 enlisted in the Regular Army on 14 April 1964.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He was assigned to Germany in November 1964 as a loader in duty MOS 11E (armor crewman).  He was awarded primary MOS (PMOS) 11E on 19 October 1965 and his PMOS 11B was withdrawn.  He was discharged on 17 March 1966 for the purpose of immediate reenlistment.  

3.  The applicant reenlisted in the Regular Army on 18 March 1966.

4.  The applicant was assigned to Vietnam on 25 September 1967 with Troop B, 3rd Squadron, 4th Cavalry, 25th Infantry Division as a squad leader in duty MOS 11B4O.  

5.  Headquarters, 25th Infantry Division, General Orders Number 3486, dated 10 May 1968, show the applicant was awarded the Army Commendation Medal with "V" Device for actions on 31 January 1968.  The citation on these orders state, in part, "For heroism in connection with military operations against a hostile force:  Sergeant _______ distinguished himself by heroic actions on 31 January 1968, while serving as commander of an armored personnel carrier during the counter attack against a large enemy force attacking Tan Son Nhut air base in the Republic of Vietnam…"

6.  The applicant provided a certificate, dated 13 May 1968, which shows he was awarded the BSM for heroism in ground combat in the Republic of Vietnam on 31 January 1968.  

7.  The applicant also provided a letter, Subject: Award of the Bronze Star Medal, dated 19 July 1968, from an assistant adjutant, Headquarters, United States Army Hospital, Fort Carson, Colorado.  This letter requested that the commanding general of the 25th Infantry Division provide clarification of General Orders Number 3486, dated 10 May 1968 for award of the Army Commendation Medal for heroism on 31 January 1968 and certificate of award of BSM for heroism on 31 January 1968.  The commanding general's response to this request is not available.  

8.  The applicant was released from active duty on 17 March 1970.  His DD Form 214 for the period ending 17 March 1970 shows he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal with "V" Device, the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Purple Heart (First Oak Leaf Cluster).

9.  A search of the U. S Army Human Resource Command's Awards and Decorations Computer Assisted-Retrieval System (ADCARS) did not locate orders awarding the applicant the BSM.

10.  The applicant's DA Form 20 (Enlisted Qualification Record) does not list the BSM or the CIB in item 41 (Awards and Decorations).  

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the BSM 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.  

12.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13.  Paragraph 1-18 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided an award certificate, dated 13 May 1968, for award of the BSM for heroism in ground combat on 31 January 1968.  However, General Orders Number 3486, dated 10 May 1968, awarded him the Army Commendation Medal with "V" Device for actions on 31 January 1968.

2.  Absent orders authorizing the applicant award of the BSM for heroism, his award certificate is not sufficient to support correction of his records to show award of the BSM.

3.  The applicant completed training and was awarded MOS 11B; however, his MOS 11B was later withdrawn and he was awarded PMOS 11E.  Although he served in Vietnam as a squad leader in MOS 11B, he was not assigned to an infantry unit of brigade, regimental or smaller size and he was no longer an infantryman.  Therefore, he has not met all of the requirements for award of the CIB.  

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.




      _______ _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)                                         AR20080013114





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ABCMR Record of Proceedings (cont)                                         AR20080013114



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