ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  18 June 2019

	DOCKET NUMBER:  AR20190003659


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending 26 September 1965, to list 
the Bronze Star Medal (BSM) with "V" device and the Combat Infantryman Badge (CIB).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	General Orders Number 456
*	Citation
*	Letter Orders Number 09-1200819
*	DA Form 20 (Enlisted Qualification Record)
*	a letter

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant received the BSM for meritorious service from 16 April 1966 to 15 April 
1967, which is not listed on his DD Form 214.  This item will be addressed through an 
administrative correction.

3.  The applicant:

*	was inducted into the Army of the United States on 27 September 1967
*	was awarded military occupational specialty 11C (Indirect Fire Crewman)
*	served in the Republic of Vietnam from 16 April 1966 through 15 April 1967 with
  Troop E, 17th Cavalry, 173rd Airborne Brigade as a mortar gunner
	
4.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all 
"excellent" conduct and efficiency ratings throughout his entire period of active military 
service.

5.  There is no evidence in the available records that shows he was awarded the Army 
Good Conduct Medal (AGCM); neither is there evidence of a commander's 
disqualification for the award.  Additionally, there is no evidence of any convictions by 
courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of 
Military Justice.
6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the  
BSM with "V" device or CIB.  
7.  There is no evidence in the applicant's records and he did not provide any evidence 
that shows he was recommended for or awarded a BSM with "V" device or CIB.

8.  He was honorably released from active duty on 26 September 1967.  The applicant's 
DD Form 214 shows he was awarded or authorized the:

*	National Defense Service Medal
*	Vietnam Service Medal with 2 bronze service stars 
*	Vietnam Campaign Medal with Device (1960)
*	Marksman Marksmanship Qualification Badge with Rifle Bar
*	Parachutist Badge

9.  There is no evidence in the available record that shows the applicant was personally 
present and participated with a qualifying infantry unit while the unit was engaged in 
active ground combat with enemy forces. 

10.  The Army Human Resources Command (AHRC), Awards and Decorations Branch 
sent a letter to the applicant's Member of Congress, dated 6 March 2019.  This letter 
informed the Congress Member that their office was unable to verify the applicant's 
entitlement to the CIB.  They were able to verify he held a qualifying MOS, but were 
unable to justify the award based solely upon his MOS.  AHRC checked historical 
references and the applicant's own record but could not locate documentation 
confirming his satisfactory performance in combat while actively engaged with the 
enemy.   

11.  Army Regulation 600-8-22 (Military Awards) provides that there are basically three 
requirements for award of the CIB.  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.  The bronze "V" device indicates acts of heroism involving conflict with 
an armed enemy and authorizes the device in conjunction with awards of the Army 
Commendation Medal, the Air Medal, and the BSM.  
BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board discussed the applicant’s service in Vietnam, his 
MOS, unit and duty assignment, his BSM orders and that there was no derogatory 
information in his file.  The Board concurs with the administrative correction annotated 
below and determined there was sufficient evidence in the records to award him the 
Combat Infantry Badge during his service in Vietnam and the Army Good Conduct 
Medal.  The Board did not find sufficient evidence to support the applicant’s request for 
a Bronze Star Medal w/”V” device.

2.  After reviewing the application and all supporting documents, the Board found that 
partial relief was warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




















BOARD DETERMINATION/RECOMMENDATION:

1. In addition to the correction shown in the Administrative Note(s) below, the Board 
determined the evidence presented is sufficient to warrant a recommendation for partial 
relief.  As a result, the Board recommends that all Department of Army records of the 
individual concerned be corrected by:
     -  Awarding him the Combat Infantry Badge for his service in Vietnam;
     -  Awarding him the Army Good Conduct Medal for his period of service ending 26 
September 1967
     - amending his DD Form 214 for the period of service ending 26 September 1967 to 
show award of the Combat Infantry Badge and the Army Good Conduct Medal awarding 
him the Army Good Conduct Medal.
2. The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to award of the Bronze Star Medal w/ “V” device.

 


	  
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.


ADMINISTRATIVE NOTE(S):  General Orders Number 456 issued by Headquarters, 
173rd Airborne Brigade (Separate) on 15 March 1967 awarded him the BSM.  The order 
is sufficient to correct his DD Form 214 for the period ending 26 September 1967, 
without action by the Board. 





REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.  

2.  Army Regulation 600-8-22 (Military Awards) states:

     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 bronze "V" device indicates acts of heroism involving conflict with an armed 
enemy and authorizes the device in conjunction with awards of the Army 
Commendation Medal, the Air Medal, and the BSM.  

     c.  There are basically three requirements for award of the CIB.  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.
3.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the AGCM 
was awarded for each three years of continuous enlisted active Federal military service 
completed on or after 27 August 1940; for first award only, one year served entirely 
during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon 
termination of service on or after 27 June 1950 of less than three years but more than 
one year.  A Soldier's conduct and efficiency ratings, including those pertinent to 
attendance at service schools, must have all been recorded as "excellent" or higher, 
except that ratings of "unknown" for portions of the period under consideration would 
not be disqualifying.  There must have been no convictions by court-martial.  There was 
no right or entitlement to the medal until the immediate commander made a positive 
recommendation for its award and until the awarding authority announced the award in 
general orders.



ABCMR Record of Proceedings (cont)	 AR20190003659

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