IN THE CASE OF:	  

		BOARD DATE:	  17 March 2015

		DOCKET NUMBER:  AR20140010936 


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 the Bronze Star Medal (2nd Award) and the Combat Infantryman Badge.

2.  The applicant states there is only one award of the Bronze Star Medal shown on his DD Form 214.  There should be two awards.  He was awarded the Combat Infantryman Badge approximately the second month he was serving in Vietnam.  These awards will make a difference when applying for compensation from the Department of Veterans Affairs.  He does not have a copy of his Combat Infantryman Badge award.  His earlier records were lost in Vietnam.

3.  The applicant provides copies of two Bronze Star Medal certificates.

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 the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 27 May 1966.  He was awarded military occupational specialty (MOS) 05C (radio teletype operator).  He served in Vietnam from 12 September 1968 through 9 March 1970 in this MOS.  He was assigned to:

* Headquarters and Headquarters (HH) Company (HHC), 5th Transportation Battalion (Airmobile), 101st Airborne Division, from 27 September 1968 to 7 February 1969
* HHC, 101st Airborne Division (Airmobile), from 8 February to 7 July 1969
* HH Service Detachment, 501st Signal Battalion (Airmobile), 101st Airborne Division, from 8 July to 22 August 1969
* HHC, 5th Transportation Battalion (Airmobile), 101st Airborne Division, from 23 August 1969 to 6 March 1970

3.  His record contains General Orders (GO) Number 1073, issued by Headquarters, 101st Airborne Division dated 3 February 1970, awarding him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in Vietnam from 1 April 1969 through 31 January 1970.

4.  He provided copies of the following:

* Bronze Star Medal certificate awarding him the Bronze Star Medal for meritorious service in ground operations against a hostile force in Vietnam from 1 October 1968 through 31 May 1969 (emphasis added)
* Bronze Star Medal certificate awarding him the Bronze Star Medal for meritorious service in ground operations against a hostile force in Vietnam from 1 April 1969 through 31 January 1970 (emphasis added)

5.  He was honorably released from active duty in pay grade E-5 on 9 March 1970.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars


6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists all the awards shown on his DD Form 214 and includes an additional overseas service bar and Meritorious Unit Commendation.  Item 41 also indicated GO Number 1073 awarded him the Bronze Star Medal. 

7.  His records failed to reveal orders authorizing and awarding him a second award of the Bronze Star Medal during his period of service in Vietnam.

8.  A 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 a second award of the Bronze Star Medal or the Combat Infantryman Badge pertaining to the applicant. 

9.  Army Regulation 600-8-22 (Military Award) states the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or 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. 

10.  U.S. Army Vietnam Regulation 672-5-1 (Awards), in effect at the time, and Army Regulation 600-8-22, provided for the award of the Combat Infantryman Badge to a Soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  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.  Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.

11.  U.S. Military Assistance Command, Vietnam Directive Number 672-1, dated 15 May 1972, stated a radio telephone (teletype) operator, if their primary duty was to accompany infantry or infantry-type units on tactical operations, was considered to be in an infantry position for which the Combat Infantryman Badge was normally authorized.  

12.  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.

13.  The requests, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, HRC, 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 awards.  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 of researching and assembling supporting information rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  With regard to correction of the applicant's DD Form 214 to show a second award of the Bronze Star Medal:

   a.  GO awarded him the Bronze Star Medal (1st Award) for meritorious service in ground operations against a hostile force in Vietnam from 1 April 1969 through 31 January 1970.

   b.  He contends the second certificate he provided with his application shows he was awarded a second award of the Bronze Star Medal.  However, the period of award dates (1 October 1968 through 31 May 1969) cited on the second certificate overlaps with the period of award dates cited on the certificate issued as a result of GO Number 1073 which awarded him the first award of the Bronze Star Medal.  The Bronze Star Medal awarded by GO Number 1073 is also indicated in item 41 of his DA Form 20.  

   c.  Regrettably, there was no evidence found either in his service personnel record or in the ADCARS data base to support the requested relief.  Therefore, the second certificate for the Bronze Star Medal cannot be used as the sole criterion for adding a second award of the Bronze Star Medal to his DD Form 214.

   d.  Notwithstanding his contentions and his sincerity, in the absence of orders awarding him a second award of the Bronze Star Medal, there is insufficient evidence upon which to support the requested relief.

   e.  While the available evidence is insufficient for awarding him a second award of the Bronze Star Medal and its addition to his DD Form 214, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

2.  With regard to correction of his DD Form 214 to show award of the Combat Infantryman Badge:

   a.  The evidence shows he completed training and was awarded MOS 05C.  He served in Vietnam from 12 September 1968 through 9 March 1970 with several units of the 101st Airborne Division as a radio teletype operator.  Notwithstanding his personal participation in active ground combat and serving in an MOS which qualified for the Combat Infantryman Badge, he was not assigned/attached to an infantry unit during this period.  

   b.  To be entitled to award of the Combat Infantryman Badge, the evidence must show he held and served in an infantry MOS while assigned/attached to an infantry unit of brigade, regiment, or smaller size and he must have served in active ground combat while assigned/attached to this infantry unit during his period of service in Vietnam.  

   c.  By regulation, in effect at the time, a radio/teletype operator was also qualified for award of the Combat Infantryman Badge if their primary duty was to accompany infantry or infantry-type units (emphasis added) on tactical operations.  

   d.  In view of the foregoing, he is not entitled to the requested relief.

3.  In making this determination, the applicant and all others concerned should know that 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.

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)                                         AR20140010936



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140010936


   
2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1