BOARD DATE:	  7 February 2012

		DOCKET NUMBER:  AR20110013997 


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) with "V" Device.

2.  He states he completed training in military occupational specialty (MOS) 11B (Light Weapons Infantryman) and was assigned to an armor/cavalry unit from March 1968 to 1969, but never received a CIB.  The morning reports from Company D, 16th Armor, can be of assistance in this matter.  He also states that in 2006, his vehicle commander informed him that he had recommended him for award of the BSM with "V" Device.  As a veteran who did the job he was told to do, he strongly believes the Board should investigate.

3.  He provides no additional evidence in support of his application.

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.  With respect to the BSM with "V" Device, based upon his application and the evidence of record it does not appear he was recommended for or awarded the BSM with "V" Device.

	a.  The governing law and regulations place time limitations on submission of award recommendations.  Absent any evidence of record or independent evidence provided by the applicant that shows he was recommended for or was awarded the BSM with "V" Device by proper award authority, his request exceeds these statutory and regulatory time limitations.

	b.  However, Title 10, U.S. Code, section 1130, allows the Service Secretary concerned to review a proposal for the award of or upgrading of a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under section 1130 of this title, he must submit a DA Form 638 (Recommendation for Award).  The DA Form 638 should clearly identify his unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which he is requesting recognition must accompany the DA Form 638.  In addition, his award request 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 (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	c.  Title 10, U.S. Code, section 1130, also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, he must submit his request through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command (HRC), ATTN:  SGS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	d.  If the applicant chooses to pursue the BSM with "V" Device by submitting a request under the provisions of section 1130 of this title and his request is subsequently denied by HRC, he may reapply to the ABCMR.  Therefore, his request for the BSM with "V" Device will not be discussed further in this Record of Proceedings.

3.  His military record shows he enlisted in the Regular Army (RA) in pay grade E-1 on 26 May 1967.  He completed training and was awarded MOS 11B.  He served in Vietnam from 29 February 1968 through 28 February 1969 while assigned to Company D, 16th Armor.

4.  He was honorably discharged from active duty on 28 April 1970 for the purpose of immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service does not list the CIB.

5.  There is no evidence of record and he did not provide any evidence that he was awarded the CIB while serving in Vietnam.

6.  He reenlisted in the RA on 29 April 1970 for 3 years.  He served in Panama from 19 June 1970 through 21 June 1973.  He was honorably discharged on 28 January 1976 for the purpose of immediate reenlistment.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from Active Duty) for this period of service does not list the CIB.

7.  He reenlisted in the RA on 29 January 1976.  He served in Germany from 18 January 1981 through 7 January 1983.  He served continuously through several reenlistments until he was honorably retired in pay grade E-7 on 31 May 1987.  Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of service does not list the CIB.

8.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) does not list the CIB.

9.  On 16 July 1987, he was issued a DD Form 215 (Correction to DD Form 214) adding the Excellence in Competition Badge with Bronze Pistol and Army Commendation Medal with 2nd Oak Leaf Cluster to his DD Form 214.

10.  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 were published authorizing the applicant award of the CIB.

11.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  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.

DISCUSSION AND CONCLUSIONS:

The evidence of record does not show the applicant was awarded the CIB and he provides no evidence, such as orders, to show he was awarded this badge.  His service in Vietnam in an infantry MOS is not in question.  However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was personally present while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy.  Therefore, there is insufficient evidence upon which to base award of the CIB in this case.

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 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)                                         AR20110013997



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ABCMR Record of Proceedings (cont)                                         AR20110013997



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