RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: JUNE 10, 2004
DOCKET NUMBER: AR2003095887
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.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Luis Almodova | |Analyst |
The following members, a quorum, were present:
| |Mr. Melvin H. Meyer | |Chairperson |
| |Mr. Joe Schroeder | |Member |
| |Mr. Robert Duecaster | |Member |
The applicant and counsel if any, did not appear before the Board.
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, reconsideration of his eligibility
for award of the Combat Infantryman Badge.
2. The applicant stated, in effect, through his counsel, that his record
be reevaluated for eligibility for award of the Combat Infantryman Badge,
based on the documents submitted as supporting evidence.
3. The applicant provides, in effect, through his counsel, a copy of his
DA Form 20, Enlisted Qualification Record; and eight pages of historical
and unit information pertinent to the 198th Light Infantry Brigade, and its
subordinate units, downloaded and printed from the internet at
www.americal.org.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests, in effect, reconsideration of the applicant's
eligibility for award of the Combat Infantryman Badge.
2. Counsel states, in effect, to please reconsider the applicant's record,
together with the supporting evidence that is submitted to determine his
eligibility for award of the Combat Infantryman Badge.
3. Counsel provides those documents listed in "Applicant's" paragraph 3
above.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2002081297 on 17 April 2003.
2. Item 35 (Record of Assignments) of the applicant's DA Form 20 shows
that the applicant was assigned to Headquarters and Headquarters Company,
1st Battalion, 52nd Infantry Regiment, 198th Light Infantry Brigade,
Americal Division, from 6 April 1970 through 20 February 1971. The
applicant performed the duties of a Radio Operator, military occupational
specialty (MOS) 05B20.
3. The information that the applicant provided from the 198th Infantry
Brigade's website contains the following about the 1st Battalion, 52nd
Infantry Regiment: "During the Vietnam campaign, the unit has
distinguished itself in combat
operations, destroying enemy bases of operation, capturing weapons and
ammunition caches, and denying the enemy use of infiltration and logistical
routes in the 1st Battalion, 52nd Infantry area of operations."
4. Guidance for award of the Combat Infantryman Badge is at Appendix V,
U.S. Army Vietnam (USARV) Regulation 672-1. The basic criteria for award
of the Combat Infantryman Badge was contained in AR 672-5-1 that was
in effect during the Vietnam War Era. The USARV regulation spelled out
exceptions to paragraph 96, AR 672-5-1 that were made in Department of the
Army unclassified message 49117, dated 19 October 1967. In this message
the USARV regulation expanded the pool of those soldiers eligible for award
of the Combat Infantryman Badge and included those soldiers holding the MOS
05B; however, meeting the additional specific criteria was a requirement
for its award. The criteria for award of the Combat Infantryman Badge is
stated as follows in paragraph 3.b. (15) Radio/Telephone Operator (if the
primary duty is to accompany infantry or infantry-type units on tactical
operations)" on page 3 of appendix 3 to Annex A, USARV Regulation 672-1."
DISCUSSION AND CONCLUSIONS:
1. The applicant provided no conclusive evidence that while he served in
Vietnam he was a Radio/Telephone Operator with the primary responsibility
of accompanying infantry or infantry-type units on tactical operations.
2. The historical summary about the 1st Battalion, 52nd Infantry Regiment,
while it was in Vietnam, is far too general and the summary can apply to
almost any infantry unit which served in Vietnam. The summary lacks
specificity, insofar as the applicant's activities and his involvement in
the unit's counterinsurgency activities are concerned, and therefore is of
little value in helping to arrive at a fair and equitable decision, in this
case.
3. Based on the information provided, the applicant has failed to
establish his eligibility for award of the Combat Infantryman Badge.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
jrs______ mm______ rd______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2002081297, dated 17 April 2003.
___Melvin H. Meyer___
CHAIRPERSON
INDEX
|CASE ID |AR2003095887 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040610 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. 46 |107.0000 |
|2. 157 |107.0111 |
|3. | |
|4. | |
|5. | |
|6. | |
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