| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Thomas B. Redfern, III | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That he be awarded the Combat Infantryman Badge (CIB) and that his records be corrected accordingly.
APPLICANT STATES: That he should be awarded the CIB because he served with the 1st Logistics Command in the Republic of Vietnam from May 1969 to 29 September 1969. He further states that his job involved guard duty and combat situations in which he took fire from the enemy.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Florida Army National Guard (FLARNG) on 23 November 1965 and after completing his training was returned to his National Guard for duty as a scout observer. He was subsequently assigned duties and awarded military occupational specialties (MOS) as a ward specialist and as a carpenter.
On 13 May 1968 he was involuntarily ordered to active duty and was assigned to Fort Benning, Georgia for duty as a personnel specialist. He remained at Fort Benning until he was transferred to Vietnam on 23 May 1969. Upon arrival in Vietnam he was assigned to the United Stated Army Depot – Cam Ranh Bay for duty as a machine operator.
On 30 June 1969 he submitted a request for early separation to attend school. His request was approved and he was returned to Fort Lewis, Washington for separation on 29 August 1969. He was honorably released from active duty (REFRAD) and reverted back to the FLARNG. He had served 2 years, 5 months and 20 days of total active service and had spent 3 months in Vietnam. He was awarded the Vietnam Service Medal for his service in Vietnam and was REFRAD with the MOS of a general clerk. He was subsequently discharged from the FLARNG and was transferred to the USAR Control Group (Standby), where he remained until he was honorably discharged on 22 November 1971.
Army Regulation 600-8-22 establishes the criteria for award of the CIB. It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that during his assignment he performed the duties of an infantryman while assigned to an infantry unit or that he engaged in ground combat against the enemy,. Therefore, in the absence of evidence to the contrary, it must be presumed that in accordance with the applicable regulations governing award of the CIB, he is not entitled to be awarded that badge.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
____tbr__ __mkp___ ___rks __ DENY APPLICATION
| CASE ID | AR2001056155 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/08/07 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 157 | 107.0111/CIB |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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