BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150010177 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150010177 BOARD DETERMINATION/RECOMMENDATION: 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. __________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. BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150010177 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 (Certificate of Release or Discharge from Active Duty) to show the Bronze Star Medal (BSM) and the Combat Infantryman Badge (CIB). 2. The applicant states the awards are not listed on his DD Form 214. 3. The applicant provides no additional evidence. 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 26 October 1964. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 27 August 1966 to 5 October 1967. 3. He was released from active duty and transferred to the U.S. Army Reserve on 17 October 1967. 4. He reenlisted in the Regular Army 4 February 1970. On 12 January 1971, he was discharged for the purpose on immediate reenlistment. On 13 January 1971, he reenlisted in the Regular Army with duties in military occupational specialty (MOS) 73C (Finance Specialist). 5. His DA Form 20 shows he served in Vietnam from 14 May 1971 to 7 March 1972, where he was assigned to the 292nd Finance Section with duties in MOS 73C. 6. He was discharged for the purpose of immediate reenlistment on 22 December 1974. His DD Form 214 (Report of Separation from Active Duty) for this period of service does not show the BSM or CIB as authorized awards. 7. He continued his service on active duty as a finance specialist until his retirement on 28 February 1987. 8. There are no orders or any other evidence in his records that indicates he was awarded the BSM or the CIB. There is also no evidence indicating he ever served in an infantry MOS. 9. 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, failed to reveal orders pertaining to the applicant. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that: a. 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. b. The CIB 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. DISCUSSION: 1. Neither the evidence of record nor any evidence provided by the applicant indicates he was awarded the BSM. A search of ADCARS failed to reveal orders pertaining to him. 2. The CIB is awarded to service members serving in an infantry MOS who serve in active ground combat while assigned or attached to an infantry unit. There is no evidence that indicates the applicant met this criteria. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010177 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010177 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2