IN THE CASE OF:
BOARD DATE: 22 October 2009
DOCKET NUMBER: AR20090009264
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, through a retired Army major employed by the State of Tennessee Department of Veterans Affairs, requests reconsideration of his request for award of the Combat Infantryman Badge.
2. The applicant essentially states that a "buddy" statement from a fellow Soldier verifies that his unit came under enemy fire and that fire was returned.
3. The applicant provides an undated "buddy" statement in support of this 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 AR20080019063, on 12 March 2009.
2. In the previous ABCMR proceedings, the applicant's request for award of the Combat Infantryman Badge was denied because although the applicant was awarded an infantry military occupational specialty (MOS) and served in an infantry position with Company D, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division from on or about 15 August 1965 to on or about 23 November 1965, there was no evidence that he participated in active ground combat during the time he served with this unit. There were also no orders in his military records awarding him the Combat Infantryman Badge.
3. The applicant provided an undated "buddy" statement from a former fellow Soldier who essentially stated that he arrived in Vietnam the same day as the applicant and was assigned to the same platoon, and that as darkness set on the first day they began receiving enemy fire, and that people were being shot and killed. The author of this statement also claims that he was exposed to the atrocities of war on a daily basis, and that he spent a lot of time with the applicant in reconnaissance.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show that he was awarded the Combat Infantryman Badge.
5 Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. 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. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The evidence provided by the applicant in the form of a "buddy" statement from a former fellow Soldier in support of his claim for award of the Combat Infantryman Badge was carefully considered. However, absent any other corroborating evidence of record, this statement alone, more than 43 years after the fact, does not show by a preponderance of evidence that the applicant met the requirements for award of the Combat Infantryman Badge.
2. Although the applicant possessed and served in an infantry MOS with an infantry unit of brigade, regimental or smaller size during his service in Vietnam, there is no evidence in his military records, he failed to provide evidence which conclusively shows that his unit engaged in active ground combat and that he actively participated in such ground combat. Regrettably, in view of the foregoing, there is an insufficient basis for awarding him the Combat Infantryman Badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 AR20080019063, dated 12 March 2009.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States, and especially during his two and a half months of service in Vietnam. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20090009264
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