IN THE CASE OF:	  

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140018740 


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 Combat Infantryman Badge and two awards of the Bronze Star Medal. 

2.  The applicant states when he received an early out while in Vietnam, he was told his records were not up to date but would be corrected in the future.  When he returned from Vietnam he did not get the records corrected right away and forgot about it.  When he applied for Department of Veterans Affairs (VA) benefits they filled out an application for his award of the Republic of Vietnam Campaign Medal which was added to his DD Form 214.  However, when he filled out the paperwork for post-traumatic stress disorder, he was told to apply for the requested awards.  He adds: 

	a.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 8th Infantry, 4th Infantry Division, from 8 September 1970 to 24 October 1970.  The Operational Report he is enclosing shows this unit was performing screening operations and search and destroy operations during this timeframe and he did engage in combat (firefights, ambushes) at that time.

	b.  His DA Form 20 also shows he was with HHC, 2nd Battalion, 8th Infantry, and the 155th Assault Helicopter Company when both units were deactivated in a combat zone.  In Vietnam, noncommissioned officers (NCOs) (he was a sergeant (SGT)/E-5 as of 19 May 1970) in the units that were deactivated were awarded the Bronze Star Medal. 
3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* DA Form 20
* Operational Report – Lessons Learned, Headquarters, 4th Infantry Division, Period Ending 31 October 1970 

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's records show he was inducted into the Army of the United States on 4 September 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11F (Infantry Operations and Intelligence Specialist). 

3.  His DA Form 20 shows he served in Vietnam from on or about 26 August 1970 to on or about 5 June 1971.  He was assigned as follows: 

* From 8 September to 24 October 1970, Team Leader, MOS 11B (Light Weapons Infantryman), HHC, 2nd Battalion, 8th Infantry
* From 27 October 1970 to 10 January 1971, Security Guard, MOS 95B (Military Police) 155th Aviation Company
* From 10 January 1971 to 3 February 1971, Security Guard, MOS 95B, 92nd Aviation Company (Assault Helicopter)
* From 3 February 1971 to 5 June 1971, Security Guard, MOS 95B, 243rd Aviation Company (Assault Helicopter)

4.   He was honorably released from active duty on 7 June 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.

5.  His DD Form 214 shows the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* one overseas service bar 

6.  Nothing in several typical sources shows he was awarded the Combat Infantryman Badge:

* His records do not contain special orders awarding him the Combat Infantryman Badge
* Item 41 (Awards and Decorations) of his DA Form 20 does not list the Combat Infantryman Badge as an authorized or approved award

7.  Nothing in three typical sources shows he was recommended for or awarded the Bronze Star Medal:

* Item 41 of his DA Form 20 does not list award of the Bronze Star Medal 
* There are no general orders in his records that show he was awarded the Bronze Star Medal
* A review of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any Bronze Star Medal orders on file for him

8.  On 20 September 2011, he was issued a DD Form 215 that added award of the Republic of Vietnam Campaign Medal with Device (1960). 

9.  He provides, in addition to his DA Form 20, an unclassified Operational Report – Lessons Learned, Headquarters, 4th Infantry Division, Period Ending 31 October 1970.  This report shows, in pertinent part:

* the 2nd Battalion, 8th Infantry, performed a number of operations under division control during the reporting period 
* the 2nd Battalion, 8th Infantry started this reporting period conducting sweep operations south of Highway 19 with C Company, 5th Battalion, 16th Artillery, at Fire Support Base Frustration in direct support 
* on 25 August, the 2nd Battalion, 8th Infantry returned to Camp Radcliff for stand down and the artillery unit assumed a direct support mission for the 1st Squadron, 10th Cavalry
* on 1 September, the 2nd Battalion, 8th Infantry initiated screening operations south of Highway 19 with B Company, 5th Battalion, 16th Artillery; these operations lasted until 16 September with the artillery unit returning to Camp Radcliff on 18 September 
* during the period 25 September to 11 October, the 2nd Battalion, 8th Infantry conducted search and destroy operations north of Camp Radcliff with the artillery unit in support
* at the end of the reporting period, the 2nd Battalion, 8th Infantry was conducting a stand down and the artillery unit had reverted to its battalion's general support mission 

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

	a.  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 (USARV) Regulation 672-1 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.

	b.  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.

11.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

12.  Title 10, U.S. Code, (USC) section 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10 USC 1130, the service member must submit a DA Form 638 (Recommendation for Award).  The DA Form 638 should clearly identify the applicant's unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which the member is requesting recognition must accompany the DA Form 638.  In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

13.  Title 10, USC section 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.   Therefore, the applicant must submit his request through a Member of Congress who will send it to HRC, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Combat Infantryman Badge:

	a.  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.

	b.  The applicant's service in Vietnam in MOS 11B and while assigned to an infantry unit is not in question.  However, the applicant's records do not contain orders awarding him the Combat Infantryman Badge.  Additionally, there is insufficient evidence to confirm he met the criteria for this badge in that there is insufficient evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy.

	c.  The Operational Report – Lessons Learned he submitted shows the 2nd Battalion, 8th Infantry, was involved in a number of operations (sweep, screening, and search and destroy) during the timeframe he was assigned to this unit.  However, nowhere is there reference to his company (HHC) or to him being personally present and under hostile fire while serving in his assigned infantry duty.

	d.  Therefore, there is insufficient evidence to add the Combat Infantryman Badge to his DD Form 214 or establish his eligibility for this badge. 

2.  With respect to the Bronze Star Medal:

	a.  The applicant's records do not contain and he did not provide documentary evidence that shows he was either recommended for or awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of official orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.

	b.  Nevertheless, while the available evidence is insufficient for adding the Bronze Star Medal to his records, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130, as outlined in Consideration of Evidence section above. 

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)                                         AR20140018740





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ABCMR Record of Proceedings (cont)                                         AR20140018740



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