BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100011172 


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: 

	a.  reconsideration of his previous application for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Infantryman Badge (CIB), and

	b.  correction of his record to show award of the Bronze Star Medal (BSM). 

2.  The applicant states his lieutenant told him after an ambush he was going to recommend all members of the squad for award of the BSM.  Two men were lost that day, R----- F----- and R----- N-----.  He believes this occurred in September 1970.  

3.  The applicant provides no documentation in support of his request.


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090008363, on 6 October 2009.

2.  The applicant submitted a new argument which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant's record is void of documentation showing he was recommended for or awarded the BSM.  

4.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, did not reveal orders announcing award of the BSM to the applicant.

5.  Further review of ADCARS revealed general orders issued by Headquarters, 4th Infantry Division, announcing posthumous awards of the BSM for heroism to Private First Class R----- F---- and Specialist Four R----- N----- for their actions in Vietnam on 14 September 1970.  Both Soldiers were assigned to Company C, 2d Battalion, 35th Infantry, 4th Infantry Division.  The applicant was also assigned to this unit at the time.  

6.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to enlisted members who have an infantry military occupational specialty (MOS).  They must have satisfactorily performed duty in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  Award of the CIB will be announced in orders.

7.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  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 a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.
9.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his record to show award of the CIB and BSM.

2.  The record shows the applicant was assigned to Company C, 2d Battalion, 35th Infantry, on a date when the unit engaged the enemy.  Unfortunately, although he was otherwise eligible for award of the CIB, the evidence of record does not show that he satisfactorily performed duty in active ground combat.  In the absence of such evidence, there is insufficient basis for award of the CIB.  

3.  The evidence of record does not show the applicant was recommended for or awarded the BSM.  In the absence of such evidence, there is no basis for correction of his record to show this award.

4.  While the available evidence is insufficient for awarding the applicant a BSM, this in no way affects his right to pursue his claim for the BSM by submitting a request through his/her Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x__  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 to amend the decision of the ABCMR set forth in Docket Number AR20090008363, dated 6 October 2009.

2.  Regarding the BSM, 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)                                         AR20100011172





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ABCMR Record of Proceedings (cont)                                         AR20100011172



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