RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2004 December 2004
DOCKET NUMBER: AR2004104837
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. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Ms. Yolanda Maldonado | |Chairperson |
| |Ms. Maribeth Love | |Member |
| |Mr. Ronald J. Weaver | |Member |
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 request to be
awarded the Combat Infantryman Badge (CIB) and to have the Army
Commendation Medal (ARCOM) he earned added to his record.
2. The applicant states, in effect, he had an infantry military
occupational specialty (MOS) and worked as a ground troop a significant
portion of the time he served in the Republic of Vietnam (RVN).
3. The applicant provides ARCOM award orders and an ARCOM certificate in
support of his application.
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
AR2003091450 on 22 January 2004.
2. During its original deliberations, the Board found the evidence of
record failed to show that the applicant was personally present with a
qualifying infantry unit performing infantry duties while the unit was
engaged in active ground combat. As a result, it was concluded the
regulatory burden of proof necessary to support award of the CIB had not
been satisfied in the applicant’s case.
3. The Board also found the authenticity of the ARCOM Citation provided by
the applicant could not be determined and absent orders authorizing the
award, there was an insufficient evidentiary basis to support adding the
ARCOM to his record. The applicant now provides a copy of General Orders
Number 688, dated 27 September 1969, issued by Headquarters I Field Force
Vietnam. These orders awarded him the ARCOM, for meritorious service while
serving in the RVN during the period October 1968 to September 1969.
4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards. Paragraph 8-6 contains
guidance on award of the CIB. It states, in pertinent part, that there are
basically three requirements for award of the CIB. The Soldier must be an
infantryman satisfactorily performing infantry duties, must be assigned to
an infantry unit during such time as the unit is engaged in active ground
combat, and must actively participate in such ground combat. Campaign or
battle credit alone is not sufficient for award of the CIB.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides orders that confirm he was awarded the ARCOM,
for meritorious service in the RVN during the period October 1968 to
September 1969. Therefore, it would be appropriate to add this award to
his record and separation document at this time.
2. However, the applicant has failed to provide any new evidence to
support his claim of entitlement to the CIB. As a result, it is concluded
the regulatory burden of proof necessary to support award of the CIB has
still not been satisfied in this case and an amendment to the original
Board decision on this matter is not warranted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___YM __ __RJW__ ___MBL_ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a partial amendment of the ABCMR’s decision in Docket Number
AR2003091450, dated 22 January 2004. As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by adding the Army Commendation Medal to his record and
separation document; and by providing him a corrected separation document
that includes this change.
2. The Board further determined that 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 Combat Infantryman Badge.
____Yolanda Maldonado___
CHAIRPERSON
INDEX
|CASE ID |AR2004104837 |
|SUFFIX | |
|RECON |AR2003091450 2004/01/22 |
|DATE BOARDED |2004/12/16 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1969/10/19 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON |Overseas Rtn |
|BOARD DECISION |GRANT PARTIAL |
|REVIEW AUTHORITY | |
|ISSUES 1. 46 |107.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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