IN THE CASE OF:	   

		BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130018001 


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

2.  The applicant states he was wounded on 1 August 1968, while performing duty as point man during a platoon maneuver.  He was airlifted to the 24th Evacuation Hospital, Long Binh, Republic of Vietnam (RVN) and later transferred to the Guam Naval Hospital.  During his recovery from a gunshot wound to his left thigh, he was presented the Purple Heart.  As a young 19-year-old Soldier, it never dawned on him to question any of his awards.  After recovery, he returned to light duty and wore the CIB on his uniform from that day on, and continued to wear it until he was medically retired.  He truly believes he deserves the awards. He did not know the importance of having his DD Form 214 corrected.

3.  The applicant provides no additional documentation 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 into the Army of the United States on 19 July 1967.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was later awarded MOS 76Y (Unit Supply Specialist), 76V (Materiel Storage and Handling Specialist), and 76P (Materiel Control and Accounting Specialist). 

3.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in the RVN during the period 
17 December 1967 to 1 August 1968.

4.  His DD Form 214 for the period ending 20 July 1969 shows he was released from active duty on 29 July 1969 and was transferred to the U.S. Army Reserve (USAR).  He was authorized or awarded the:

* National Defense Service Medal
* Vietnam Service Medal 
* RVN Campaign Medal with Device (1960)
* Purple Heart

5.  His record shows he enlisted in the Regular Army on 3 October 1969 and served until he retired on 2 November 1982 by reason of permanent physical disability.  His DD Form 214 for the period ending 2 November 1982 does not show award of the CIB or BSM.

6.  There are no orders in the applicant's military service personnel records awarding him the CIB or BSM.  

7.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the CIB or BSM pertaining to the applicant.




8.  U.S. Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated the 
BSM may have been awarded for heroism, 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.

9.  Army Regulation 600-8-22 (Military Awards), currently in effect, states the BSM 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Title 10 of the U.S. Code, section 1130 (10 USC 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.

11.  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, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  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.

12.  Army Regulation 600-8-22 states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the CIB and BSM were carefully considered and it was determined there is insufficient evidence to support his request.  

2.  Evidence of record shows that the applicant was awarded an infantry MOS.
However, there is insufficient evidence to show he met all the criteria required for award of the CIB.  Unfortunately, there is no evidence in the available records and the applicant has not provided evidence that shows he was assigned to an infantry unit or participated in active ground combat as an infantryman.  

3.  Absent orders awarding him the BSM or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show award of the BSM.  While the available evidence is insufficient for awarding the applicant a BSM, 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 10 USC 1130.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

5.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in his 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)                                         AR20130018001





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ABCMR Record of Proceedings (cont)                                         AR20130018001



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