IN THE CASE OF:	

		BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20090021325 


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) for his service in the Republic of Vietnam.

2.  The applicant states, in effect, he was presented the CIB during a ceremony in the Republic of Vietnam and it should be shown in his record.  He further states, in order to substantiate a claim with the Department of Veterans Affairs, he needs evidence of a combat award in order to prove he served in combat.

3.  The applicant provides copies of:

* his DD Form 214
* an extract from his DA Form 66 (Officer Qualification Record)
* the orders that released him from active duty

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 was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 9 June 1967 and he was trained in specialty 1542 (Infantry Officer Commander).  He was ordered to active duty from the USAR on 23 November 1967.  On 22 June 1968 he was reclassified into specialty 2622 (Training Center Unit Officer).  The highest rank/grade he attained while serving on active duty was first lieutenant.  On 3 September 1969, he was released from active duty and transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 9 months, and 11 days of active service this period.

3.  Item 17 (Foreign Service) of the applicant's DA Form 66 shows he served in the Republic of Vietnam during the period 18 November 1968 through 2 September 1969.

4.  Item 18 (Record of Assignments) of the applicant's DA Form 66 shows that during his tour of duty in the Republic of Vietnam, he was assigned to Company D, 4th Battalion, 31st Infantry Regiment, Americal Division, for duty in specialty 1542 as a Platoon Leader from 4 December 1968 until 31 March 1969 and as an Executive Officer from 1 April 1969 until 1 September 1969.

5.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 does not show award of either the BSM or the CIB.  A review of the applicant's official records fails to show that he was ever awarded or recommended for award of either the BSM or the CIB.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of either the BSM or the CIB.

7.  Review of 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 U.S. Army Human Resources Command, failed to reveal any orders for either the BSM or the CIB pertaining to the applicant.

8.  United States Army Vietnam Regulation (USARV) 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the BSM 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.  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.  

9.  USARV 672-1 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 CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the CIB is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the CIB 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.  The applicant's contention that his record should be corrected to show that he was awarded the BSM and the CIB for his service in the Republic of Vietnam was carefully considered.

2.  The applicant's record is void of any orders or other documents indicating that he was ever recommended for or awarded either the BSM or the CIB by proper authority while serving on active duty.  Additionally, a review of the ADCARS database failed to reveal any orders for either the BSM or the CIB pertaining to the applicant.

3.  By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry specialty in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.

4.  Although the evidence of record shows the applicant served in an infantry specialty in an infantry unit during the period 4 December 1968 through 1 September 1969, his record is devoid of any evidence and he has failed to provide any evidence that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

5.  Accordingly, there is insufficient evidence on which to base adding the CIB or the BSM to his DD Form 214.

6.  The ABCMR does not amend and/or correct military records solely for the purpose of making the applicant eligible for benefits that are available to Soldiers who served honorably.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.

7.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20090021325





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ABCMR Record of Proceedings (cont)                                         AR20090021325



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