BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150010658 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: 19 May 2016 DOCKET NUMBER: AR20150010658 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: 19 May 2016 DOCKET NUMBER: AR20150010658 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 add the Bronze Star Medal (BSM) and the Combat Infantryman Badge (CIB). 2. The applicant states that his BSM and CIB are not on his DD Form 214. 3. The applicant provides a DA Form 2496-1 (Disposition Form) dated 28 September 1971 and his DD Form 214. 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. After being inducted into the Army of the United States on 12 May 1970, the applicant completed training as an infantry indirect fire crewman. He arrived in Vietnam on 4 October 1970 and he was assigned to Company A, 1st Battalion, 46th Infantry Regiment, 23rd Infantry Division. 3. A review of the applicant's official record fails to reveal that his assigned unit ever engaged in active ground combat with the enemy. His official record also does not contain orders awarding him the CIB or the BSM. 4. The applicant departed Vietnam en-route to the United States on 3 October 1971. The Army honorably released him from active duty on 22 December 1971. His DD Form 214 shows the following awards: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with one bronze service star * Army Commendation Medal 5. The applicant provides a DA Form 2496-1 showing awards issued to him on 28 September 1971. Among the awards listed are the BSM and the CIB. 6. 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 United States Army Human Resources Command fails to reveal orders awarding him the BSM or the CIB. REFERENCES: 1. United States (U.S.) Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. It stated the Bronze Star Medal may have been awarded for heroism or for 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. The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional). 2. Army Regulation 600-8-22 (Military Awards) states 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. DISCUSSION: 1. The applicant's contentions are noted. 2. There are no orders in the applicant's official record or in ADCARS awarding him the BSM. 3. The governing regulation authorizes the CIB for service in Vietnam. However, the basic three requirements for award of the CIB, which included personal participation with a qualifying infantry unit while that unit was actively engaged in ground combat with a hostile force, needs to be met. 4. His record is void of any orders recommending him for, or awarding him the CIB by proper authority while serving on active duty. Therefore, absent any evidence confirming his personal presence and participation with his qualifying infantry unit while it was actively engaged in ground combat with hostile forces, the regulatory burden of proof necessary to support award of the CIB has not been satisfied. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010658 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010658 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2