IN THE CASE OF:	  

		BOARD DATE:  9 October 2012

		DOCKET NUMBER:  AR20120006605 


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).

2.  The applicant states:

   a.  He served in Vietnam in military occupational specialty (MOS) 11B, Light Weapons Infantryman.  He was injured and received the Purple Heart while engaged in combat performing duties in MOS 11B.  He was not awarded the CIB through no fault of his own.
   
   b.  While he was in the evacuation hospital at Quy Nhon, his platoon sergeant came by and told him that due to his actions of assisting his fellow injured troops, moving them to safety, gathering ammunition, and setting up a gun position, his actions may have saved lives and he would be put in for award of the BSM.  Medals of valor should not be ignored.  Throughout the years he has tried to find supporting evidence of the action in which he was involved, injured, and awarded the Purple Heart.  There seems to be a lack of records.  He believes they were in Laos at the time.  All he has to go on is his memory.

   c.  He cites Army Regulation 600-8-22 (Military Awards), paragraph 2-6 (CIB), and has attached a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) showing award of the Purple Heart.



3.  The applicant provides:

* two copies of his DD Form 214
* Army Regulation 600-8-22, paragraph 2-6

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 military record shows he was inducted into the Army of the United States, in pay grade E-1, on 17 November 1967.  He completed training and was awarded MOS 11B.  

3.  He served in Vietnam from 19 May through 25 July 1968 during two campaigns.  He was assigned to Company B, 2nd Battalion, 12th Cavalry, 1st Cavalry Division (Airmobile). 

4.  The applicant's record contains:

	a.  A Western Union Telegram, dated 1 July 1968, which states the applicant was slightly wounded in Vietnam on 27 June 1968 as a result of hostile action. He sustained multiple fragment wounds to the abdomen, right leg, right thigh, right forearm, left knee, and to the left side of the head.  He was on combat operations when his unit came under hostile rocket attack.

   b.  General Orders Number 70 issued by Headquarters, 18th Surgical Hospital, on 28 June 1968, awarding him the Purple Heart for wounds received in action in Vietnam on 24 June 1968.

5.  He was honorably released from active duty in pay grade E-4 on 8 September 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 9 months, and 19 days of active service and he had lost time from 2 to 4 May 1969.  His DD Form 214 lists:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  There are no orders in his records awarding him the CIB or BSM.

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not list the CIB and BSM.  Item 41 does show he was awarded the Sharpshooter Marksmanship Qualification Badges with Rifle (M-16) and Machine Gun Bars.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general or special 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 CIB or BSM pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.  

	b.  The BSM is awarded 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

10.  USARV Regulation 672-1 (Decorations and Awards), in effect at the time, governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that personnel possessing an infantry MOS in a cavalry platoon of an armored cavalry troop or platoon would be eligible for award of the CIB if other criteria were also met.

11.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a

decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, ATTN:  SGS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards 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 knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant's unit, 2nd Battalion, 12th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 9 May 1969 by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was wounded as a result of hostile action in Vietnam on 27 June 1968 when his unit came under hostile rocket attack.  He was awarded the Purple Heart.  He sustained multiple fragment wounds to various parts of his body as a result of hostile action.  The evidence of record also shows he served in an infantry MOS and in a cavalry company and was mostly likely in a cavalry platoon during that time.  His eligibility for award of the Purple Heart is accepted as evidence that he was personally present and participated in active ground combat while assigned or attached to this infantry unit.  Therefore, he should be awarded the CIB and his DD Form 214 should be corrected to show this award.

2.  The evidence of record also shows he was awarded the Sharpshooter Marksmanship Qualification Badges with Rifle (M-16) and Machine Gun Bars.  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

3.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The applicant's contention that he was advised that he would be put in for award of the BSM is acknowledged; however, he has provided no orders showing he was awarded the BSM.  Also, there was no evidence found either in his service personnel record or in the ADCARS data base to support the addition of this award to his DD Form 214.

5.  While the available evidence is insufficient for awarding him the BSM and addition of this award to his DD Form 214 this in no way affects his right to pursue his claim for the BSM 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 

___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.  awarding the applicant the CIB, effective 27 June 1968; and

	b.  adding to his DD Form 214 the:

* CIB
* Sharpshooter Marksmanship Qualification Badges with Rifle (M-16) and Machine Gun Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
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 BSM and the addition of this award to his DD Form 214.



      __________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)                                         AR20120006605



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ABCMR Record of Proceedings (cont)                                         AR20120006605



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