IN THE CASE OF:	  

		BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110011728 


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 and the Bronze Star Medal.

2.  The applicant states his records do not reflect the Combat Infantryman Badge or the Bronze Star Medal.  His primary military occupational specialty (MOS) was 11B (Light Weapons Infantryman) and he was wounded by enemy action while assigned to the Assault Helicopter Company.

3.  The applicant provides no 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 enlisted in the Regular Army (RA) on 5 October 1967 and he held MOS 11B.  He served in Vietnam:

* From 27 December 1968 to 18 April 1969, in duty MOS 11B, while assigned to Company A, 84th Engineer Battalion (Construction)
* From 19 April to 15 November 1969, in duty MOS 67A (Aircraft Maintenance Apprentice) as a door gunner, while assigned to the 176th Aviation Company, 14th Combat Aviation Battalion

3.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name as a casualty on 22 September 1969 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

4.  He was discharged for the purpose of immediate reenlistment on 1 February 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service does not show the Combat Infantry Badge or the Bronze Star Medal.

5.  He reenlisted in the RA on 2 February 1970 and he served a second tour in Vietnam from 28 February to 20 April 1970, in duty MOS 67A as a door gunner, while assigned to Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division.  He was subsequently transferred to the 249th General Hospital, Camp Drake, Japan in a patient status from 21 to 30 April 1970 until his transfer to the United States.

6.  The Adjutant General's Office, Casualty Division's Vietnam casualty listing also shows he was wounded twice as a result of hostile action on 15 April 1970.

7.  He was retired on 1 December 1970 by reason of permanent physical disability.  He completed 3 years, 1 month, and 27 days of total active service.  The DD Form 214 he was issued at the time shows in Item 24 the Army Commendation Medal with "V" Device and an unnamed campaign.

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge or the Bronze Star Medal.

9.  There are no orders in his records showing award of the Combat Infantryman Badge or the Bronze Star Medal.


10.  A review of the Awards and Decorations Computer Assisted Retrieval System 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, failed to reveal orders for the Combat Infantryman Badge or the Bronze Star Medal pertaining to the applicant.

11.  His record shows he received a waiver and reenlisted in the RA on 16 December 1971 and held MOS 84B (Still Photographer Specialist).  He was honorably retired on 3 May 1973 by reason of physical disability.

12.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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.  

13.  Army Regulation 600-8-22 states the Bronze Star Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Combat Infantryman Badge and the Bronze Star Medal.

2.  There are three requirements for award of the Combat Infantryman Badge: the Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

3.  In the applicant's case his service in Vietnam and his infantry MOS are not in question.  However, the evidence of record shows he was not assigned to an infantry unit during either of his tours in Vietnam.  Furthermore, although he was wounded as the result of enemy action on two occasions, on both of those occasions he was serving in duty MOS 67A while assigned to an aviation and a cavalry unit.

4.  Regrettably, in the absence of evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy, there is insufficient 


evidence upon which to base award of the Combat Infantryman Badge in this case.  

5.  With respect to the Bronze Star Medal, there is no evidence in the available record that shows he was recommended for or awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendations, approval through the chain of command, and announcement in orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.

6.  The applicant and all others concerned should know that 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)                                         AR20110011728



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ABCMR Record of Proceedings (cont)                                         AR20110011728



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