IN THE CASE OF:  	  

		BOARD DATE:  14 April 2015	  

		DOCKET NUMBER:  AR20140015096 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Bronze Star Medal (BSM) with 1 Oak Leaf Cluster (1OLC) and that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states that his award of the BSM 1OLC is not reflected on his DD Form 214 and he was not awarded the CIB for the time he was attached to the 4th Battalion, 3rd Infantry.

3.  The applicant provides copies of his DD Form 214 and citations for the BSM and BSM 1OLC.

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 4 April 1968 for a period of 3 years and training as a field artillery surveyor.  He completed his basic training at Fort Ord, California and his advanced individual training at Fort Sill, Oklahoma and remained at Fort Sill for his first assignment.

3.  On 31 March 1969, he was transferred to Vietnam for assignment to the 6th Battalion, 11th Artillery Regiment.  General Orders Number 6035 issued by Headquarters, Americal Division on 12 June 1970 awarded the applicant the BSM for meritorious achievement during the period of 1 January to 30 April 1970.

4.  He departed Vietnam on 7 November 1970 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee on 8 November 1970.  He had served 2 years, 7 months, and 5 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, and the BSM. 

5.  The applicant provides a copy of the citation awarding him the BSM 1OLC for the period of November 1969 to November 1970.  However, his records do not contain orders awarding him the BSM 1OLC.  Additionally, his records show no orders awarding him an infantry military occupational specialty (MOS) and no evidence of being assigned to an infantry unit.

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

7.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge.  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.  

8.  All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was awarded the BSM 1OLC is not in doubt, duly authenticated orders are required in order to enter the award of the BSM in official records.  Unfortunately, the applicant has not provided and his official records do not contain orders awarding him the BSM 1OLC. 

2.  Therefore, in the absence of orders there appears to be no basis to add that award to his DD Form 214.

3.  The applicant’s contention that he should be awarded the CIB for his time spend attached to an infantry unit has also been noted and found to lack merit.  The applicant has failed to show through the evidence submitted with his application and the evidence of record any evidence to show that he held an infantry MOS and was assigned to an infantry unit that engaged in ground combat.  Accordingly, he is not entitled to award of the CIB.

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)                                         AR20140015096





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ABCMR Record of Proceedings (cont)                                         AR20140015096



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