IN THE CASE OF:	  

		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100027000 


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 award of the Combat Infantryman Badge (CIB) and Bronze Star Medal (BSM).

2.  The applicant states these awards were not put on his DD Form 214 (Report of Transfer or Discharge).  He contends he was on a nightly perimeter defense force, either in a 2-man roving patrol or in an individual gun tower.  These services were in 60-day periods and there were 2 of them for a total of 120 nights on perimeter defense.  One period he was a rifleman and the other a grenadier.  After the attack on the ammunition dump in August 1972, he was on a PDF Quick Response Team and he was told he would get the CIB and that he was put in for the BSM.  

3.  The applicant provides:

* DD Form 214
* Two MACV [Military Assistance Command Vietnam] Defense Force Certificates of Service

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.  He enlisted in the Regular Army on 4 January 1971 for a period of 3 years.  He was awarded military occupational specialty (MOS) 72F (Data Communications Specialist).  He served in MOS 72F while assigned to the 
69th Signal Battalion and 39th Signal Battalion in Vietnam from 12 May 1972 to 
27 March 1973.  On 12 October 1973, he was released from active duty and transferred to the Army National Guard to complete his remaining service obligation.

3.  His DD Form 214 does not show the CIB or BSM as authorized awards.

4.  There are no orders for the CIB or BSM in the available records.

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the CIB or BSM.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 award of the BSM pertaining to the applicant.

7.  In support of his claim for the CIB, he provided two MACV Defense Force Certificates of Service.  One certificate states he served as a grenadier during the period July 1972 to September 1972.  The other certificate is for the period 
3 November 1972 to 2 January 1973; however, the "for service as" line is illegible.    

8.  Army Regulation 600-8-22 (Military Awards) states the CIB 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

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

10.  Army Regulation 600-8-22 provides that the BSM is awarded in time of war for heroism and for meritorious achievement or service.  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 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.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.



DISCUSSION AND CONCLUSIONS:

1.  The MACV Defense Force certificates of service were carefully considered.  However, there are no orders for the CIB.  Evidence of record shows the applicant served as a data communications specialist assigned to signal battalions in Vietnam.  There is no evidence of record which shows he was an infantryman who served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Regrettably, there is insufficient evidence on which to base award of the CIB in this case.

2.  There is no evidence he was ever recommended for or awarded the BSM.  
Therefore, there is insufficient evidence on which to base award of the BSM in this case.  While the available evidence is insufficient for awarding the applicant the BSM, this in no way affects the applicant’s right to pursue his claim for the BSM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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)                                         AR20100027000



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ABCMR Record of Proceedings (cont)                                         AR20100027000



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