IN THE CASE OF:	  

		BOARD DATE:  3 September 2013

		DOCKET NUMBER:  AR20130002136 


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 Bronze Star Medal with "V" Device and Combat Infantryman Badge and, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards.

2.  The applicant states:

	a.  He was denied the Bronze Star Medal for valor and the Combat Infantryman Badge while he was assigned to an infantry company as a combat engineer demolition crew chief in Vietnam in 1966.  His commanding officer recommended him for the medals, but the battalion commander declined by stating that giving an engineer these decorations would be degrading to the infantry.  He was awarded the Bronze Star Medal in 1966 by General D____.  The records were misplaced several times before being entered on his DD Form 214.  He has a copy of the recommendation letter by Captain L____ of the infantry unit and a picture of General D____ pinning the Bronze Star Medal on his chest.

	b.  The battalion commander held combat engineers in low esteem regardless of their performance and bravery while serving in his unit.

3.  The applicant provides copies of a narrative description for an unspecified award for the period 24 April to 15 May 1966, a photograph of him receiving a medal, and a photograph of him holding a rifle.

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 enlisted in the Regular Army on 9 July 1962 and reenlisted on 18 September 1964.  He held military occupational specialty (MOS) 12B (Combat Engineer).

3.  Headquarters, 1st Infantry Division, General Orders Number 773, dated 24 May 1966, awarded him the Army Commendation Medal for merit for the period 6 October 1965 to 16 May 1966.

4.  Headquarters, 1st Infantry Division, General Orders Number 3956, dated 17 December 1966, awarded him the Bronze Star Medal for meritorious achievement for the period 5 to 21 November 1966.

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 22 (MOS), his primary MOS (PMOS) as 12B;

	b.  item 31 (Foreign Service), service in Vietnam from 14 January 1966 through 11 January 1967;

	c.  item 38 (Record of Assignments), assignment to Company A, 1st Engineer Battalion, 1st infantry Division, U.S. Army Pacific Vietnam, from 19 January 1966 through 10 January 1967; and

	d.  item 41 (Awards and Decorations), no award of the Bronze Star Medal, Bronze Star Medal with "V" Device, or Combat Infantryman Badge.

6.  He was released from active duty on 20 February 1968 in the rank of sergeant/E-5.  He completed a total of 5 years, 6 months, and 24 days of active duty service.  His DD Form 214 for the period ending 20 February 1968 does not show award of the Bronze Star Medal, Bronze Star Medal with "V" Device, or Combat Infantryman Badge.

7.  A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded the Bronze Star Medal with "V" Device or Combat Infantryman Badge.

8.  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 U.S. Army Human Resources Command Military Awards Branch, revealed only Headquarters, 1st Infantry Division, General Orders Number 3956, dated 17 December 1966, awarding him the Bronze Star Medal.

9.  In support of his request the applicant provides a copy of a narrative description for an unspecified award for the period 24 April to 15 May 1966.  It states the applicant distinguished himself by meritorious service in the performance of his duty from 24 April to 15 May 1966 during "Operation Birmingham."  The narrative reads, in part, that he was attached to an infantry company as a demolitions chief.  He showed initiative, courage and leadership ability and on several occasions he led infantrymen in the face of enemy fire.  After his engineer assistant was medically evacuated, the applicant carried the amount of equipment normally carried by two men.  He went on patrol and walked even further than anyone else.  He did the work of two men.  His expert knowledge and capabilities with his explosives were very important.  He personally could account for the destruction of many Viet Cong booby traps, bunkers, positions, ammunition caches, grenades, and other pieces of equipment as well as more than 30 "dud" rounds.  "On one day alone he destroyed more than 100 CBU bomblets."

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

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, 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.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.

	b.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

11.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon 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.

12.  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 he should be awarded the Bronze Star Medal with "V" Device and Combat Infantryman Badge and his DD Form 214 should be corrected to show these awards.

2.  The evidence of record shows he was awarded the Army Commendation Medal for meritorious service for the period 5 October 1965 to 16 May 1966 and the Bronze Star Medal for meritorious achievement in Vietnam for the period 5 to 21 November 1966.

3.  There is no evidence of record that shows an award was approved for the period 24 April to 15 May 1966 as shown in the narrative description he provided.  Therefore, there is an insufficient evidentiary basis for correcting the applicant's DD Form 214 to show that award.

4.  While the available evidence is insufficient for awarding him the Bronze Star Medal with "V" Device and correcting his DD Form 214 to show award this award, 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.

5.  The available evidence clearly shows the applicant served in Vietnam; however, there is no available evidence showing he held an eligible MOS for award of the Combat Infantryman Badge.

6.  Therefore, his request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.



2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20130000888



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ABCMR Record of Proceedings (cont)                                         AR20130002136



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