IN THE CASE OF:	  

		BOARD DATE:	  10 February 2009

		DOCKET NUMBER:  AR20080017419 


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, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 22 May 1970, to show award of the Bronze Star Medal, the Combat Infantryman Badge, and the Air Medal. 

2.  The applicant states, in effect, that these awards are not shown on his DD Form 214 and he had always assumed that they were listed.  He also states that his records should show he received the Combat Infantryman Badge as he was qualified for this award by being in country for 3 months and having participated in at least 3 fire fights.  This was probably the most assumable award that he thought would be in his files.  He was in a leadership role, or as they say, a command position while detailed to infantry in Vietnam.  He was an armor officer who graduated from the Fort Benning Infantry School and he was commissioned in 1968.  This was and still is a combat arms branch.  He further states, in effect, that his award of the Combat Infantryman Badge should have been automatic and should have been processed with the other awards.  

3.  The applicant also states that he has other classmates from the same era who also received an Air Medal for their missions on air mobile assaults.  They trained the Vietnamese Army on air mobile and he believes that he racked up at least 40 air mobile assaults while in Vietnam.  He did not know that there was such an award and blames this on the province executive officer.  He thinks he can come up with the dates and specific actions pertaining to his combat actions if needed.

4.  In support of his application, the applicant provides copies of his Special Warfare School graduation diploma, his certificate for the Bronze Star Medal, and his Vietnamese certificate for training Vietnamese Soldiers in Infantry Tactics.

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's military records show he enlisted in the Army Delayed Entry Program, in pay grade E-1, on 20 February 1967.  He enlisted in the Regular Army, in pay grade E-3, on 12 June 1967.  He completed basic and advanced training and was awarded military occupational specialty (MOS) 11D, Armor Intelligence Specialist.  

3.  The applicant was honorably discharged from active duty on 2 June 1968, for the purpose of accepting a commission.  He was issued a DD Form 214 that lists in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the following awards:  the National Defense Service Medal; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-16); and the Good Conduct Medal.

4.  The applicant was appointed in the United States Army Reserve (USAR), Armor Branch, as a second lieutenant, on 3 June 1968.  He was ordered to and entered active duty on the same day.  

5.  The applicant completed training and was awarded MOS 1204, Armor Reconnaissance Unit Commander.  He served in Vietnam from 22 June 1969 through 19 May 1970.  His records further show he was in a student status from 26 June through 19 July 1969.  He then served as an Assistant Advisor and Senior Advisor in specialty G2520, with the United States Military Assistance Command for the remainder of his tour.  His Officer Evaluation Report for this period indicates he was a Senior Advisor with a Mobile Advisory Team.  He served in Vietnam for three campaigns.
6.  The applicant also provides a copy of a certificate, dated 1 April 1970, awarding him the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from May 1969 to April 1970.  

7.  There are no orders in the applicant’s service personnel records that show he was awarded the Bronze Star Medal, the Combat Infantryman Badge, or the Air Medal.  His DA Form 66 (Officer Qualification Record) does not list the Bronze Star Medal, the Combat Infantryman Badge, or the Air Medal in Item 21 (Awards and Decorations).  

8.  The applicant was released from active duty, as a first lieutenant, on 22 May 1970, and was transferred to the USAR Control Group (Annual Training).

9.  Entries on the applicant's DD Form 214, Item 24 list the following awards:  the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and two Overseas Service Bars.  The Bronze Star Medal, the Combat Infantryman Badge, and the Air Medal are not listed.

10.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) records of the applicant's units for the timeframe the applicant served in Vietnam was conducted.  This review failed to show that any orders were published awarding the applicant the Bronze Star Medal, the Combat Infantryman Badge, or the Air Medal. 

11.  United States Army Republic of Vietnam Regulation Number 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal could be 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  United States Army Republic of Vietnam Regulation Number 672-1 also specifically governed award of the Combat Infantryman Badge to Armed 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 satisfactory performance of duty while assigned or attached as a member of an infantry unit of brigade, regimental or, or smaller size during any period such unit was engaged in military operations against a hostile foreign force.

13.  U.S. Military Assistance Command, Vietnam (MACV), Directive 672-1 (Decorations, Awards and Honors) provided, in pertinent part, for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed advisor and senior advisor positions for which award of the Combat Infantryman Badge normally was authorized.  These included positions as senior advisors with Mobile Advisory Teams.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to any officer whose basic branch is other than infantry who, under appropriate orders, has commanded an infantry line unit of brigade, regimental, or smaller size for at least 30 consecutive days and is deemed to have been detailed in infantry and is eligible for award of the Combat Infantryman Badge provided all other requirements for the award have been met.

15.  Army Regulation 600-8-22 also provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Title 10 of the U. S. 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.  To be entitled to award of the Combat Infantryman Badge, based on the applicant having served as a Senior Advisor, the evidence must show that he served during such times as the unit was engaged in active ground combat, and he must actively have participated in such ground combat.  The individual must actually have been personally present and under hostile fire.  

2.  The MACV Directive 672-1 provided for award of the Combat Infantryman Badge to specific advisor positions in MACV which were considered infantry 
positions and for which award of the Combat Infantryman Badge was authorized. However, the evidence of record does not confirm, and the applicant has not shown that he was personally present and participated in active ground combat operations while assigned or attached to an infantry unit.  His records do not show he received any awards for valor or achievement that would give an indication he was exposed to active ground combat against the enemy.

3.  Pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders were required for award of the Bronze Star Medal and the Air Medal.  Available service records give no indication that the applicant was recommended for these awards.

4.  The applicant's contentions are acknowledged; however, he has provided no orders showing he was awarded the Bronze Star Medal, the Combat Infantryman Badge, and the Air Medal.  No evidence was found either in his service personnel record or in the ADCARS data base to support addition of these awards to his DD Form 214.  The copy of the certificate for the Bronze Star Medal provided by the applicant and his contentions are insufficient to form a basis for addition of this award to his DD Form 214.

5.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal and the Air Medal, this in no way affects the applicant’s right to pursue his claim for the these awards by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080017419



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ABCMR Record of Proceedings (cont)                                         AR20080017419


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