BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100017732 


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 Combat Infantryman Badge, Silver Star, and the highest grade held as staff sergeant.

2.  The applicant states, in effect, he extended 6 months in the Republic of Vietnam (RVN) to change his military occupational specialty (MOS) from aviation to infantry.  The extension was approved by Troop B, 1st Squadron, 9th Cavalry and channeled through 1st Cavalry Division.  He was promoted to specialist five and became a very good squad leader.  He was put in and approved for pay grade E-6 in March of 1968.  However, he was told Infantry-On the Job Training (OJT) was not possible. 

3.  He further contends the photograph with ink on the back is proof he was awarded the Silver Star.  The Army covered up their mistakes by failing to allow him to transfer from aviation to infantry.  He states, in effect, the fact that he was a decorated squad leader 7 months and he has a photograph showing he was awarded the Silver Star confirm he is telling the truth.  

4.  The applicant provides photographs, a copy of his DD Form 214, and his Bronze Star Medal with Valor, dated 31 December 1967.

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 records show he enlisted in the Regular Army on 
13 September 1965 and was trained in MOS 67N (Single Rotor Turbine Helicopter Mechanic). 

3.  His DA Form 20 (Enlisted Qualification Record) shows the following:

   a.  He served in the RVN from 11 September 1966 to 12 April 1968; 

   b.  The highest rank and pay grade he held was specialist five/E-5; and
   
   c.  During his tour of duty in the RVN he was assigned to Troop B, 1st Squadron, 9th Cavalry (Air Mobile) with duties in MOS 67N as a Crew Chief, and in MOS 11B as a Team Chief (for 4 months).

4.  He was honorably released from active duty on 12 September 1968 and was transferred to the U.S. Army Reserve Control Group (Reinforcement).

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Aircraft Crewman Badge, National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal with bronze service star, Purple Heart with Oak Leaf Cluster, Air Medal with 52 Oak Leaf Clusters, and Bronze Star Medal with Oak Leaf Cluster and "V" Device.

6.  There are no general orders in the applicant’s records that show award of the Silver Star.  

7.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web based index containing U. S. Army general orders issued between 1965 and 1973 for the Vietnam era, does not show award orders were published awarding the applicant the Silver Star. 

8.  The applicant provided 1st Cavalry Division (Air Mobile), General Orders Number 7735, dated 31 December 1967, which award him the Bronze Star Medal for heroism, in connection with military operations against a hostile force.

9.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was 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 award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Title 10, U.S. Code, section 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.

12.  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 shows he performed infantryman duties in a Cavalry unit during his RVN tour; however, by regulation, in order to support award of the Combat Infantryman Badge, a member must have been awarded and served in an infantry MOS while assigned to an infantry unit.  Furthermore, the Soldier must have been personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

2.  The applicant's service is exemplary as confirmed by award of the Purple Heart and the Bronze Star Medal with "V" Device.  However, regretfully, and by the applicant's own admission, he was not awarded an infantry MOS.  Although he may have performed infantry duties he does not meet the eligibility criteria for award of the Combat Infantryman Badge.

3.  Photographs are not sufficient evidence on which to award the Silver Star and the available evidence does not show he was awarded or recommended for the Silver Star.  

4.  If the applicant believes the Bronze Star Medal with "V" Device had been an interim award pending approval of the Silver Star, he may wish to research records at the National Archives, College Park, MD for evidence showing the Silver Star was approved as a final award.

5.  If the Silver Star was to have been awarded for a separate action, and while the available evidence is insufficient for awarding the applicant the Silver Star, this in no way affects the applicant’s right to pursue his claim for the Silver Star by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

6.  The record is void of evidence showing he was recommended for or promoted to staff sergeant.  He is not entitled to have his record corrected to show staff sergeant.

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)                                         AR20100017732



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ABCMR Record of Proceedings (cont)                                         AR20100017732



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