IN THE CASE OF:
BOARD DATE: 30 September 2008
DOCKET NUMBER: AR20080007062
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, reconsideration of his request for award of the Combat Infantryman Badge and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that he served in military occupational specialty (MOS) 11B and was in combat in Vietnam. He also states that he was never awarded the Combat infantryman Badge, even though everyone in his unit, Company A, 101st Airborne, 502nd Infantry, received a Combat Infantryman Badge. He further believes that based on the criteria he should have been awarded the Combat Infantryman Badge.
3. In support of his application, the applicant provides copies of his DD Form 215 (Correction to DD Form 214); his Department of Veterans Affairs (DVA) Rating Decision, dated 3 March 2008; and his unsigned letter to the DVA, dated 7 March 2008.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel defers requests, statements, and submissions to the applicant.
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 AR2003098624, on 22 July 2004.
2. The applicants military records show he completed basic and advanced individual training and was awarded MOS 13A, Field Artillery Basic. He served in that MOS with Battery A, 3rd Battalion, 13th Artillery, during Vietnam, from 26 October 1966 through 7 July 1967. He performed duties of MOS 11B, infantryman, with Company A, 2nd Battalion (Airborne), 502nd Infantry, from 8 July 1967 through 14 October 1967. Evidence of record does not show he was ever awarded 11B as either a primary, secondary, or additional MOS.
3. The applicant submits a copy of his DVA Rating Decision, dated 3 March 2008, which granted him service-connection for posttraumatic stress disorder with depression and nerve problems, rated as 30 percent disabling. The DVA advised the applicant that his service personnel records did not reflect awards or decorations which the DVA considered conclusive evidence he was actually engaged in combat.
4. The applicant also submits a copy of his letter to the DVA, dated 7 March 2008, wherein he briefed to the DVA his attempts in getting their help with several medical issues.
5. The applicant further submits a copy of his DD Form 215, dated 28 April 2005, adding to his list of awards the following: the Vietnam Service Medal, with two bronze service stars; the Good Conduct Medal; the Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Marksman Marksmanship Qualification Badge, with Rifle Bar.
DISCUSSION AND CONCLUSIONS:
1. The regulation governing award of the Combat Infantryman Badge specifically states that to be eligible for this badge a Soldier must be serving in an infantry MOS, in an infantry unit of regimental or smaller size, during such times as the unit is engaged in active ground combat, and he must actively participate in such ground combat. The Soldier must actually have been personally present and under hostile fire.
2. The applicants record shows he temporarily served in an infantry MOS, in an infantry unit in the Republic of Vietnam; however, the evidence of record does not confirm that he was ever awarded an infantry MOS and there was insufficient evidence to show he was personally present and participated in active ground combat while assigned or attached to this infantry unit. His records do not show he received any awards for valor or achievement that would give an indication he was exposed to active ground combat against the enemy.
3. It is noted that just because a Soldier served in an infantry unit and in an infantry position, he was not entitled to award of the Combat Infantryman Badge by regulatory provisions. In all cases, the burden of proof rests with applicants to submit substantiating proof of their entitlement for awards in the absence of evidence in their records. The applicants recent submission was reviewed and found to be insufficient as a basis for a reversal of the Board's previous decision. The documentation does not support or clearly show that he was awarded and held an infantry MOS and that he was personally present and participated in active ground combat during his service in the Republic of Vietnam.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ 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 AR2003098624, dated 22 July 2004.
_________x_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080007062
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ABCMR Record of Proceedings (cont) AR20080007062
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