IN THE CASE OF:	

		BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090011894 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Army Commendation Medal (ARCOM) with "V" (Valor) Device and the award of the Combat Infantryman Badge (CIB). 

2.  The applicant states that without the award his claim for service connection from the Department of Veterans Affairs could be denied.

3.  The applicant provides a copy of an ARCOM for heroism certificate, a copy of his DD Form 214, and a copy of page three from his DA Form 20 (Enlisted Qualification Record) in support of this application.  

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 record shows he enlisted in the in the Regular Army on 28 December 1966 for a period of 4 years.  He was trained in and awarded military occupational specialty (MOS) 13B (Field Artillery Crewman).  

3.  The applicant's DA Form 20 shows he served in the Republic of Vietnam from 24 July 1967 through 5 July 1968.  Item 38 (Record of Assignments) shows that during his tour in the Republic of Vietnam he was assigned to C Battery, 2nd Battalion (Airborne), 502nd Infantry performing duties in MOS 11B as a rifleman during the period 24 July 1967 through 7 October 1967.  It also shows he was assigned to C Battery, 2nd Battalion, 320th Artillery, performing duties in MOS 13A as a cannoneer during the period 8 October 1967 through 5 July 1968.  

4.  Item 41 (Awards and Decorations) of his DA Form 20 show that during his tenure on active duty he earned the following awards:  the National Defense Service Medal, the Parachutist Badge, the Vietnam Campaign Medal, and the Vietnam Service Medal.  The ARCOM with “V” Device is not included in the list of awards contained in item 41.  The DA Form 20 does not show award of the Combat Infantryman Badge.  There are also no orders in the available records which show the applicant was awarded the Combat Infantryman Badge. 

5.  The applicant’s Official Military Personnel File (OMPF) is void of any orders or other documents that indicate the applicant was ever recommended for or award the ARCOM with “V” Device during his active duty tenure.  There are also no orders in the available records which show the applicant was awarded the Combat Infantryman Badge.

6.  On 28 September 1970, the applicant was honorably released from active duty after completing 3 years, 9 months, and 1 day of active military service.   The DD Form 214 he was issued lists the following awards in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  the National Defense Service Medal, the Parachutist Badge, the Vietnam Campaign Medal, and the Vietnam Service Medal.   The ARCOM with “V” Device and the award of the CIB is not included in the list of awards contained in Item 24. 

7.  The applicant submitted a certificate awarding him the ARCOM for heroism and a copy of his DD Form 214.  

8.  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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  
9.  During the processing of this case, a member of the Board’s staff reviewed the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the CIB pertaining to the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the ARCOM with “V” Device and the CIB.  However, there is insufficient evidence to support this claim. 

2.  The applicant’s record is void of any orders or other documents indicating that he was ever recommended for or awarded the ARCOM with “V” Device by proper authority while serving on active duty.  This award is not included in Item 41 of his DA Form 20, or in the list of awards contained in Item 24 of his DD Form 214. Further, there are no ARCOM with “V” Device orders pertaining to the applicant on file in the ADCARS.

3.  Although the applicant submitted a certificate awarding the ARCOM for heroism, there were no orders or other documents found in the applicant’s OMPF that show he was awarded the ARCOM for heroism. 

4.  The available records also do not contain orders or evidence that shows he was awarded the Combat Infantryman Badge.  

5.  The evidence shows the applicant served in an infantry MOS 11B and that he was assigned to an infantry unit during a portion of his tour in the Republic of Vietnam (RVN).  However, to support award of the CIB, the applicant is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat, and the applicant must have actively participated in such ground combat.  In the absence of evidence that show he actually met all three requirements there is insufficient evidence to show that he qualified for award of the Combat Infantryman Badge.  

6.  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)                                         AR20090011894



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ABCMR Record of Proceedings (cont)                                         AR20090011894



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