| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Ms. Regan K. Smith | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: That he be awarded the Combat Infantryman Badge (CIB).
APPLICANT STATES: Other soldiers assigned to the same unit received this award in accordance with regulations. He submits copies of his military records and a letter from the former commander of all armor in Vietnam in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
He was serving on active duty as an armor noncommissioned officer (NCO) in the pay grade of E-7 when he was assigned to Vietnam on 18 July 1969. On 12 August 1969, he was wounded in action and awarded the Purple Heart. The award order shows that he was assigned to the Military Assistance Command Vietnam (MACV), Advisory Team 95. His record of medical treatment shows that his military occupational specialty (MOS) was 11E40 (Armor NCO). He was medically evacuated and returned to the U. S. on 17 September 1969.
The applicant’s DD Form 214 (Report of Separation), issued on his retirement, does not show the CIB as an authorized award. The applicant’s DA Form 20 (Qualification Record) fails to show that he was ever trained as or served as an infantryman.
Army Regulation 672-5-1, in effect at the time, prescribed Army policy and procedures concerning awards. The regulation stated that there were basically three requirements for award of the CIB. The soldier must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.
MACV Directive 672-1 provided additional guidance for award of the CIB to advisor personnel. The directive stated that the CIB was for full time advisors to infantry or infantry-type units engaged in infantry operations. The duty positions listed as not authorized the CIB included armor operations/intelligence advisor, regimental/squadron advisor, and troop advisor.
A letter provided by the applicant, who he identifies as the commander of all armor in Vietnam at the time, states that he received the CIB in 1965 and cited AR 672-5-1 and a Department of the Army (DA) message 96002 as the authority.
Information provided by the Awards Branch, Total Army Personnel Command, revealed that the cited DA message could not be identified but the MACV regulation was the governing authority in 1969 and specifically precluded the award in the applicant’s circumstances.
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. There is no evidence of record, or credible evidence provided by the applicant, to show that he is entitled to an award of the CIB. He was specifically precluded from eligibility for the CIB based on his assignment by appropriate regulations.
2. 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.
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
__jp____ __rs___ __mm______ DENY APPLICATION
| CASE ID | AR2001060212 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011120 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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