IN THE CASE OF:	  

		BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120010441 


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

2.  The applicant states he was awarded the BSM while in the Republic of Vietnam (RVN) and it is not listed on his DD Form 214.  He also states he was a forward observer and should have been awarded the CIB.  

3.  The applicant provides no documentary evidence 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 record shows the applicant enlisted in the Regular Army on 17 July 1969.  He was trained in and awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  His record shows he was promoted to sergeant (SGT)/E-5 on 23 March 1970, and that this is the highest rank he attained while serving on active duty.  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 26 July 1970 to 8 July 1971.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company E, 5th Battalion, 506th Infantry Regiment, performing duties in MOS 11B (Infantryman) as a squad leader.  The BSM and CIB are not included in the list of earned awards contained in item 41 (Awards and Decorations).  The applicant last audited the DA Form 20 on 29 July 1970, subsequent to completing his RVN tour.  

4.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any documents or orders indicating the applicant was ever recommended for or awarded the BSM or CIB by proper authority while serving in the RVN.  The record is also void of any documents confirming the applicant personally participated in active ground combat as an infantryman with his infantry unit.

5.  On 17 July 1969, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 11 months, and 23 days of active military service.  The DD Form 214 he was issued at the time does not include the BSM and CIB in the list of earned awards.

6.  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 Bronze Star Medal or CIB pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  

   a.  Paragraph 3-14 provides guidance for award of the Bronze Star Medal.  It states it is awarded for heroic or meritorious achievement or service in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required; and 
   
   b.  Paragraph 8-6 contains guidance on award of the CIB.  It states the three basic requirements for the CIB are that the member be an infantryman satisfactorily performing infantry duties; be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

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

2.  By regulation, the Bronze Star Medal must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders.  The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the Bronze Star Medal by proper authority during his active duty tenure and there are no orders for the applicant contained in ADCARS.  

3.  The applicant’s request to add the CIB to his record and DD Form 214 has also been carefully considered.  However, by regulation, in order to be awarded the CIB there must be evidence that a member not only held and served in an infantry MOS but also that he was present and participated with the qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.  Although the record shows the applicant held an infantry MOS and served a qualifying infantry units, there is no evidence confirming his presence and personal participation with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

4.  Absent any evidence of record or independent evidence submitted by the applicant that shows he was awarded the BSM and/or CIB by proper authority and that these awards were authorized and announced in official orders, there is an insufficient evidentiary basis to support granting the requested relief.  

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)                                         AR20120010441



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ABCMR Record of Proceedings (cont)                                         AR20120010441



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