IN THE CASE OF:
BOARD DATE: 3 September 2008
DOCKET NUMBER: AR20080011168
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 reconsideration of his earlier request for award of the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, that he did not receive his award of the CIB.
3. The applicant provides an undated statement, from his comrade-in-arms, 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 AR20070007724, on 6 November 2007.
2. The applicant submitted an undated statement from a unit member, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
3. The applicant's record shows he enlisted in the Regular Army on 30 January 1970. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He was discharged on 8 September 1971. The highest rank/grade he attained during his military service was private first class (PFC)/E-3.
4. The applicants records show he served in Vietnam from 18 July 1970 to 19 October 1971. He was assigned to Company B, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade, and also served with Company B and Headquarters and Headquarters Company, 3rd Battalion, 187th Infantry.
5. Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and one Overseas Service Bar. Item 24 does not show award of the CIB.
6. There are no orders in the applicants personnel records to show that he was awarded the CIB.
7. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.
8. During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973. This review failed to reveal any award of the CIB orders on file for the applicant.
9. In his undated statement, a member of the applicants unit states that he served with the applicant in the Republic of Vietnam in 1970 and that they were assigned to the 199th Infantry Brigade. He also adds that they fought side by side for three months until the colors came home. He concludes that they lost a good friend who drowned in a rice paddy.
10. Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge (CIB). This regulation states that there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy. Commanders were not allowed to make any exceptions to this policy. During the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
The applicant's infantry MOS and/or his service in the Republic of Vietnam are not in question. However, there is no evidence in the available records and the applicant did not submit substantiating evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy. In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ 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 AR20070007724, dated 6 November 2007.
XXX
_______ _ _______ ___
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) AR20080011168
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