| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Mr. Thomas A. Pagan | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by awarding him the Combat Infantryman Badge (CIB).
APPLICANT STATES: In effect, he believes that he may not have received the CIB because of the timing of the award of 11B as his secondary military occupational specialty (MOS). He relates that this came at a time when the 1st Infantry Division was being withdrawn and he was transferred to the 11th Armored Cavalry Regiment (ACR). He states that he worked in his MOS of 11B40 up until that transfer. He cites his personal decorations and an article in a Pacific Stars and Stripes and a local newsletter to substantiate his case. He resents the Board saying he was a security guard with the 11th ACR. He relates that he actually escorted, under arms, American prisoners who sought legal counsel for various offenses.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case (AR1999027698) on 19 January 2000.
The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in MOS 63B20 as a mechanic with Headquarters and Headquarters Company (HHC), 1st Battalion, 26th Infantry, 1st Infantry Division from July 1968 until his transfer on 29 March 1969, to Headquarters and Headquarters Troop, 11th ACR as a security guard in MOS 11B40.
The Pacific Stars and Stripes article reports that the applicant and his twin brother, a Marine, teamed–up on a night patrol. “The Leatherneck rode shotgun for his brother (the applicant), who commanded a gun jeep in the night patrol along Highway 13 Northwest of Lai Khe.”
The local newsletter reports that the applicant and noncommissioned officers (NCOs) participated in a four-day operation. It noted “The usually mobile unit was without its jeeps and the men ‘humped’ as regular infantrymen on the operation.”
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration. This includes but is not limited to any facts or arguments as to why relief should be granted. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
The regulation provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.
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. The Board notes the extraordinary quality of the applicant’s service, as evidenced by his personal decorations, and it commends him on his contributions and accomplishments. However, he served in a headquarters unit and was not eligible for the CIB. The fact that he was awarded a secondary infantry MOS has no bearing on the case. Neither, does the fact that he occasionally had to walk or that he participated in actual combat.
2. Furthermore, his exploits would have made him highly visible to the leadership of the battalion, the regiment and perhaps the division. Had those officers and senior NCOs thought it proper to recommend him for the CIB, they could (and would) have done so. There is no evidence that they did, nor does the applicant claim this to have been the case.
3. Given the total circumstance of this case, the Board concludes that the applicant was “too near the flagpole” to have simply been overlooked. It will not recommend, in contravention of the regulatory requirements, that he be awarded the CIB at this late date.
4. The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.
5. 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
__GDP __ __TAP__ ___MHM_ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2001060330 |
| SUFFIX | |
| RECON | This applies only to ADRB |
| DATE BOARDED | |
| TYPE OF DISCHARGE | 20020221 |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2010 | 20100018485
U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam. The letter he provided from his company commander is considered to be an official document of record; however, it refers to the unit engaging in ground combat after the applicant's departure from the unit. Therefore, there is insufficient evidence for award of the CIB.
ARMY | BCMR | CY2011 | 20110015520
Headquarters, 11th ACR, General Orders Number 32, dated 13 March 1969, contained in his official military personnel records, show he was awarded the Purple Heart for wounds received in action on 25 February 1969. His military personnel records do not contain any general orders awarding him the third award of the Purple Heart. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal (AGCM) is awarded to individuals who have completed a...
ARMY | BCMR | CY2010 | 20100020744
A DA Form 20 (Enlisted Qualification Record) shows in: * item 22 (Military Occupational Specialties) he was awarded MOS 71B (Clerk-Typist) on 17 May 1968 * item 31 (Foreign Service) he served in Vietnam from 22 January 1969 to 23 February 1970 * item 38 (Record of Assignments) he was assigned for duty in Vietnam with: * Headquarters and Headquarters Detachment, 79th Maintenance Battalion, from 25 January to 10 August 1969 * Headquarter and Headquarters Company, 3d Battalion, 8th Infantry,...
ARMY | BCMR | CY2009 | 20090003926
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). There is no evidence to show what subordinate unit of the 11th ACR the applicant was assigned to. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2007 | 20070012880C080213
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 January 2008 DOCKET NUMBER: AR20070012880 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that he be awarded the Combat Infantryman Badge (CIB). Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to amend his DD...
ARMY | BCMR | CY2012 | 20120010200
He provided the following documents: a. letter, dated 11 March 2012, from a former Senior Medic for Troop G, 2nd Squadron, 11th ACR, who states the applicant left Blackhorse base camp with Troop G on or about 26 May 1969. The evidence of record shows the applicant was awarded a medical personnel MOS and he served as an ambulance orderly and medical aidman with the 37th Medical Company and Headquarters and Headquarters Troop, 2nd Squadron, 11th ACR in Vietnam. As a result, the Board...
ARMY | BCMR | CY2006 | 20060012860
Throughout the day, Company A took intense fire. The applicant provided sufficient new evidence to show he was awarded the CIB. The applicant failed to provide sufficient evidence that shows he was wounded as a result of hostile action or that he was treated for these wounds.
ARMY | BCMR | CY2006 | 20060003573C070205
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart, the Combat Infantryman Badge (CIB), and the Expert Marksmanship Qualification Badge with Rifle Bar. He states that he was awarded the CIB and the Expert Marksmanship Qualification Badge with Rifle Bar, but they are not listed on his DD Form 214. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the...
ARMY | BCMR | CY2007 | 20070008445
The applicant requests, in effect, correction of his military records to show award of two Purple Hearts, the Combat Infantryman Badge, two Presidential Unit Citations, the Bronze Star Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar. However, there are no orders in the applicant's service personnel records that show he was awarded a second Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2010 | 20100000135
There is no evidence of record which shows the applicant was assigned to the 11th ACR in Vietnam. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show entitlement to the CMB or the CIB. However, there is no evidence of record and the applicant provided no evidence which shows he completed a course on animal specialist skills.