IN THE CASE OF:	  

		BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120004828 


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 records to show award of the Combat Infantryman Badge and the Bronze Star Medal with "V" Device.

2.  The applicant states he received a letter from his former battalion commander that provides "evidence to show his commanding officer changed his MOS (military occupational specialty) to infantryman and recommends him for the Bronze Star Medal with "V" (Device)."

3.  The applicant provides three letters in support of his request.

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 on 7 March 1968.  He enlisted in the Regular Army on 13 March 1968 for a period of 3 years.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 22 (MOS):  31B2O (Field Radio Mechanic) was awarded as his primary MOS (PMOS) on 16 July 1968;

   b.  item 31 (Foreign Service):  Vietnam service beginning 3 April 1969;

	c.  item 38 (Record of Assignments) that he:

		(1)  was a student in the Americal Combat Center with the 23rd Adjutant General, Administration Company, Replacement Detachment, from 2 to 11 April 1969;

		(2)  served in duty MOS 31B2O as a radio mechanic with Headquarters and Headquarters Company, 3rd Battalion, 1st Infantry, 11th Infantry Brigade, from 12 April 1969 through 22 October 1970; and

    	(3)  departed Vietnam on 23 October 1970.

	d.  item 41 (Awards and Decorations) does not shows the Combat Infantryman Badge and the Bronze Star Medal with or without "V" Device.

4.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on
28 October 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He completed 2 years, 7 months, and 16 days of active service this period that included 1 year, 6 months, and 26 days of foreign service.

	b.  He was awarded the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar
* Vietnam Service Medal (two entries)

5.  A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized, or awarded the Combat Infantryman Badge or the Bronze Star Medal with or without the "V" Device.
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 the Bronze Star Medal with or without "V" Device to the applicant.

7.  In support of his application, the applicant provides the following documents:

   a.  Headquarters, 3rd Battalion, 1st Infantry, 11th Infantry Brigade, Letter of Commendation, dated 28 January 1970, with 1st Indorsement, dated 31 January 1970, that shows (then) Lieutenant Colonel Leslie J. S____ commended the applicant for his performance of duty as a radio repairman, particularly his ability to maintain the communications equipment in a constant state of readiness.

   b.  An unsigned/undated letter from Colonel (Retired) George V. E____, in which he states he served as the Commander, 3rd Battalion, 1st Infantry, 11th Infantry Brigade, Americal Division, from April through September 1969.  He also states the applicant was assigned to the battalion as a radio repair specialist and he was selected to wire the bunkers and battalion at Fire Support Base (FSB) 411 in July 1969.  He adds that the FSB came under daily probes and received small arms, rocket propelled grenades, mortars, and artillery fired by units probing the FSB.  He states the applicant manned a fighting position and performed infantryman duties with his rifle on the front lines of combat.  COL E____ also states that the applicant should be awarded the Bronze Star Medal for meritorious service for his actions.

   c.  A letter from Mr. John "Doc" H____, dated 10 May 2011, in which he states he was a senior aid man (combat medic) with Company A, 3rd Battalion,
1st Infantry, 11th Infantry Brigade, Americal Division in 1969 and 1970.  He also states the applicant "came out to the field several times to hand out code books" and he also repaired radios.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  Paragraph 8-6 contains the regulatory guidance for the Combat Infantryman Badge.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.
During the Vietnam Conflict, announcement of award of the Combat Infantryman Badge was made in unit special orders.
   b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  A bronze "V" device indicates an act of heroism involving conflict with an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

9.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be correct to show award of the Combat Infantryman Badge and Bronze Star Medal with "V" Device because he performed duties as an infantryman while serving in Vietnam and his former battalion commander recommends him for award of the Bronze Star Medal with "V" Device.

2.  The applicant's request for award of the Combat Infantryman Badge was carefully considered.

	a.  The applicant was awarded PMOS 31B and he served in duty MOS 31B as a radio mechanic in the Republic of Vietnam while assigned to Headquarters and Headquarters Company, 3rd Battalion, 1st Infantry, 11th Infantry Brigade, from 12 April 1969 through 22 October 1970.

   b.  The statement by the applicant's former battalion commander that the applicant manned a fighting position and performed infantryman duties on the front lines of combat is not in dispute.  However, it offers insufficient evidence to support award of the Combat Infantryman Badge.

	c.  All Soldiers are provided basic combat skills training after they enter the U.S. Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge.

	d.  There are no orders or other evidence in the applicant's military service records that show he was awarded the Combat Infantryman Badge.

   e.  In view of the foregoing, there is insufficient evidence to support the applicant's claim to the Combat Infantryman Badge.

3.  The applicant's request for award of the Bronze Star Medal with "V" Device was carefully considered.

	a.  The letter from the applicant's former battalion commander shows he concludes that the applicant should be awarded the Bronze Star Medal for meritorious service for his actions.  However, it offers insufficient evidence to support award of the Bronze Star Medal.

   b.  There are no orders or any other Army records that show the applicant was awarded the Bronze Star Medal with or without "V" Device.

	c.  Therefore, there is insufficient evidence to support the applicant's claim to the Bronze Star Medal with or without the "V" Device.

4.  While the available evidence is insufficient for correcting the applicant's records to show award of the Bronze Star Medal with or without "V" Device, this in no way affects his right to pursue his claim for the award 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)                                         AR20120004828



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ABCMR Record of Proceedings (cont)                                         AR20120004828



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