IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20120001316 


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 the Combat Infantryman Badge (CIB), Purple Heart (PH), and Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant makes no further statement.

3.  The applicant provides:

* DD Form 214 
* PH Certificate 
* BSM Certificate and Citation
* Army Commendation Medal (ARCOM) Certificate and Citation 

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 was inducted into the Army of the United States on 15 January 1971, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  He was stationed in the Republic of Vietnam (RVN) from 1 January 1972 through 21 November 1972, where he was further assigned to Headquarters and Headquarters Company (HHC) 17th Aviation Group (Combat).  

4.  The DD Form 214 shows he earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) 
* RVN Campaign Medal (RVNCM) with 1960 Device
* One Overseas Service Bar
* Unnamed Campaign
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

5.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of orders or documents indicating he was wounded in action in the RVN.  It is also void of medical treatment records indicating he was ever treated for a combat-related wound. 

6.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank, and the CIB, PH, and BSM are not included in the list of earned awards in item 41 (Awards and Decorations).

7.  The applicant’s separation physical reflects the applicant was in good health with no indication of any wounds or injury during his military service.

8.  The applicant's name does not appear on the Department of the Army (DA) Vietnam Casualty Roster.  

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 the PH, BSM, or CIB.

10.  He submitted a certificate which shows he was awarded the PH for wounds received in action on 3 June 1972.  He did not submit orders awarding him the medal.

11.  He submitted a certificate which shows he was awarded the BSM for meritorious achievement in ground operations against hostile forces from 6 January 1972 to 5 January 1973.  He did not submit orders awarding him the medal.

12.  He submitted a certificate which shows he was awarded the ARCOM for meritorious service in support of military operations against communist aggression in the RVN.  He did not submit orders awarding him the medal.

13.  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.

14.  Army Regulation 600-8-22 provides the Army's awards policy.  
Paragraph 2-8 contains guidance on the PH.  It states the PH is awarded to members wounded in action.  It also states in order to award the PH there must be evidence of the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record. As with all personal decorations announcement in orders are required.

15.  U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the BSM may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the BSM was generally delegated no lower than brigadier generals in command of separate brigades.  However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the BSM for service had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional).




DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the CIB, PH, and BSM to his DD Form 214 has been carefully considered.  However, there is insufficient evidence to support his request.

2.  By regulation, in order to qualify for award of the CIB there must be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  In this case, the applicant was not assigned to an infantry unit.

3.  The applicant's claim that he is entitled to award of the PH was carefully considered.  Regrettably, there is no evidence in the available records and the applicant has not provided sufficient evidence which shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.  

4.  The applicant's record is void of any orders or other documents indicating that he was ever recommended for or awarded the BSM by proper authority while serving on active duty.  Additionally, a review of the ADCARS database failed to reveal any orders for the BSM pertaining to the applicant.  

5.  Based on the foregoing, there is insufficient evidence on which to base adding the CIB, PH, and BSM to his DD Form 214.

6.  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)                                         AR20120001316



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ABCMR Record of Proceedings (cont)                                         AR20120001316



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