IN THE CASE OF:	  

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100028121 


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, award of the Combat Infantryman Badge (CIB), Bronze Star Medal (BSM), and all awards to which he is entitled.

2.  The applicant states although he does not have the infantry military occupational specialty (MOS) he was attached to an infantry unit and was involved in several combat missions while serving in the Republic of Vietnam (RVN).  The applicant further states he assumed all missing awards would have been added in 2006 when the Purple Heart (PH) was added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant did not provide any additional evidence.

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 inducted into the Army of the United States 13 August 1968.  He was honorably discharged on 18 August 1968 and immediately enlisted in the Regular Army on 19 August 1968.  The applicant completed training and was awarded MOS 76S (automotive repair parts specialist).  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 13 October 1969 through 28 October 1970.  

3.  On 12 August 1971, the applicant was honorably discharged for immediate reenlistment after completing 3 years of total active service.  The DD Form 214 he was issued shows he was awarded the National Defense Service Medal, Parachutist Badge, Army Commendation Medal with two oak leaf clusters, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant reenlisted on 13 August 1971 and was discharged on              21 July 1977.  This DD Form 214 shows he was awarded the National Defense Service Medal, Army Commendation Medal with two oak leaf clusters, Parachutist Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device 1960, and the Army Good Conduct Medal .

5.  The applicant's record contains orders dated 15 June 1972 which awarded the AGCM for the period 13 August 1968 through 12 August 1971.  The applicant's record also contains orders dated 15 November 1974 awarding the AGCM for the period 13 August 1968 through 12 August 1971.  

6.  The CIB is not included in the list of earned awards contained in item 41 (Awards and Decorations) of his DA Form 20 and the applicant's Military Personnel Records Jacket (MPRJ) is void of orders or any other documents that indicate he was ever recommended for or awarded the CIB during his active duty tenure.

7.  The applicant's record does not contain orders or other documentation that shows he was ever recommended for or awarded the BSM while serving on active duty.

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 (Awards and Decorations) 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.
  
9.  U.S. Army Vietnam Regulation 672-1 also 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 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 provides the Army's awards policy.  Paragraph     3-14 contains guidance on award of the BSM and states that it is awarded for heroic acts or meritorious achievement or service of a lesser degree than required for the Silver Star.  The regulation requires that this award be recommended, approved by the proper authority, and announced in official orders.

11.  A review of the applicant's records shows that he is entitled to additional awards that are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 paragraph 2-13 contains guidance on the Vietnam Service Medal (VSM).  It states a bronze service star is authorized for wear with this award for each campaign a member is credited with participating in while serving in the RVN.  

13.  Table B-1 of Army Regulation 600-8-22 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following four campaigns:

* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

14.  Army Regulation 672-5-1 (Awards) provided the Army's awards policy in effect at the time of the applicant's discharge.  It stated, in pertinent part, that a normal qualifying period for award of the AGCM was 3 years.  It further stated that in order for a member to be eligible for the AGCM, he/she must have received all "excellent" conduct and efficiency ratings and must not have been convicted by a court-martial during the qualifying period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that he be awarded the CIB and BSM, and that they should be added to his DD Form 214, has been carefully considered.  However, the evidence is not sufficient to support this claim.

2.  The applicant's claim of entitlement to the CIB was carefully considered.  However, by regulation, in order to qualify for award of the CIB there must be evidence the member held and served in an infantry MOS.  In this case, there is no evidence he met this qualifying factor for the CIB.  As a result, there is  insufficient evidence to support award of the CIB. 

3.  The applicant's official military personnel file is void of any orders or other documentation that shows he was ever recommended for or awarded the BSM by proper authority during his military service.  Additionally, he has failed to provide any independent evidence showing he was awarded the BSM while serving on active duty as he asserts.  The BSM is not included in the awards listed on his DA Form 20 or his DD Form 214.  As a result, there is insufficient evidence to support award of the BSM.

4.  The applicant's records contain orders which show the applicant was twice awarded the AGCM for the same period, 13 August 1968 through 12 August 1971.  There is no evidence in the applicant's record which would have prevented the commander from awarding a second AGCM for the period           13 August 1971 through 12 August 1974.  Therefore, the applicant's orders dated 15 November 1974 should be corrected to show award of a second AGCM for the period 13 August 1971 through 12 August 1974 and his last DD Form 214 should be amended to show two awards of the AGCM.

5.  The evidence of record also confirms that based on the applicant's service and campaign participation in the RVN, he is eligible for four bronze service stars with his VSM.  His VSM is not listed on his last DD Form 214, which should now be amended to add the VSM with four bronze service stars.

6.  The applicant and all others concerned should know that this action related to award of the CIB and BSM in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  __X_____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending the November 1974 order to show award of the AGCM (second award) for his qualifying period of honorable active duty service from 13 August 1971 through 12 August 1974; and

	b.  amending his last DD Form 214 to add the VSM with four bronze service stars and the AGCM.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the CIB and the BSM. 




      _______ _  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)                                         AR20100028121



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100028121



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1