IN THE CASE OF:	  

		BOARD DATE:	        30 October 2008

		DOCKET NUMBER:  AR20080013045 


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 that he was assigned as an infantryman to the 2d Platoon, C Company, 3d Battalion, 12th Infantry, in the Republic of Vietnam and was personally involved in active combat.

3.  The applicant provides the following additional documentary evidence in support of his request:

	a.  Self-authored statement, dated 9 June 2008.

	b.  Notarized statement, dated 15 July 2008, from one of the applicant’s former squad leaders.

	c.  Notarized statement, dated 3 June 2008, from the applicant’s second squad leader.

	d.  Miscellaneous photographs of various Soldiers.

	e.  Copies of DA Form 1 (Morning Report) for C Company, 3d Battalion, 12th Infantry, on miscellaneous dates throughout 1967.

	f.  Internet printout, dated 18 April 2008, showing award of the Presidential Unit Citation to the 3d Battalion, 12th Infantry.
	g.  Extract of an undated Internet printout of the 4th Infantry Division in Vietnam.

	h.  Undated text of radio local news.

	i.  Copies of undated newspaper articles regarding award of the CIB to Soldiers in Vietnam.

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 AR20070008506 on 25 October 2007.

2.  The applicant submitted a self-authored statement, two notarized statements from two squad leaders, miscellaneous photographs of various Soldiers, copies of his unit’s morning reports, Internet printouts, and radio local news and newspaper articles, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant's records show he was inducted into the Army of the United States on 10 December 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  He was honorably separated and transferred to the U.S. Army Reserve (Annual Training) on 13 September 1967.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.

4.  The applicant’s records show that he served in the Republic of Vietnam from 15 September 1966 to 11 September 1967.  He was assigned to C Company, 3d Battalion, 12th Infantry.

5.  Item 24 (Decoration, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Report of Transfer or Discharge) and Item 5 of his DD Form 215 (Correction to the DD Form 214) show he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and two Overseas Service Bars.  Item 24 and/or Item 5 do not show award of the CIB.
6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded the CIB.

7.  There are no General Orders in the applicant's records that show he was awarded the CIB.

8.  In his notarized self-authored statement, dated 9 June 2008, the applicant states that while serving with the 2d Platoon, C Company, 3d Battalion, 12th Infantry, in the Republic of Vietnam from February 1967 to September 1967, he was engaged in combat approximately 7 to 11 times.  He goes on to add that he initially served as a wheeled vehicle mechanic with Headquarters and Headquarters Company, 3d Battalion, 12th Infantry, from September 1966 to February 1968.  He was then transferred to C Company in February 1967 and was immediately involved in setting up ambushes, capturing enemy prisoners, perimeter guard, and patrols.  He was then transferred to another squad and was involved in mortar attacks, booby traps, and enemy ambushes.  He also worked as a radioman, point man, and other duties.

9.  In his notarized statement, dated 15 July 2008, one of the applicant’s former squad leader states that he witnessed the applicant under hostile fire during numerous operations in rugged terrain while assigned to the 2d Platoon, C Company, 3d Battalion, 12th Infantry, in the Republic of Vietnam.  The squad leader further adds that the applicant met eligibility requirements for award of the CIB.

10.  In his notarized statement, dated 3 June 2008, a second former squad leader testifies that the applicant met eligibility criteria for award of the CIB.  He goes on to state that he personally directed and witnessed the applicant performing infantry duties while engaged with the enemy in hostile ground action from February 1967 to June 1967.

11.  The applicant submitted copies of C Company, 3d Battalion, 12th Infantry morning reports, dated on miscellaneous dates throughout 1967, that show he performed duties in MOS 11B (Light Weapons Infantryman).

12.  The applicant submitted a copy of an internet printout, dated 18 April 2008, that shows the 3d Battalion, 12th Infantry, was awarded the Presidential Unit Citation for extraordinary heroism while engaged in military operations in the Republic of Vietnam from 18 May 1967 to 26 May 1967.

13.  The applicant provided miscellaneous documents to include an internet printout that shows the history of the 4th Infantry Division in the Republic of Vietnam, an undated text extract of radio local news, undated extracts of newspaper articles, and miscellaneous photographs of Soldiers to further support his contention for award of the CIB.

14.  Army Regulation 600-8-22 (Military Awards) provides for award of the 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.

15.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the CIB was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant held an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size during his service in the Republic of Vietnam.

2.  The evidence of record further shows that the applicant’s unit was awarded the Presidential Unit Citation for extraordinary heroism while engaged in military operations in the Republic of Vietnam from 18 May 1967 to 26 May 1967.  The unit’s morning reports confirm that the applicant was present and assigned to the unit during the period it was awarded the Presidential Unit Citation.

3.  The statements submitted by the applicant’s former squad leaders further confirm that the applicant was 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.  Therefore, there is sufficient evidence to support awarding the applicant the CIB and correcting his records to show this award.

BOARD VOTE:

___X____  __X_____  __X_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20070008506, dated 25 October 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Combat Infantryman Badge and showing this award on his DD Form 214.


															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)                                         AR20080013045



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ABCMR Record of Proceedings (cont)                                         AR20080013045



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