IN THE CASE OF:
BOARD DATE: 26 January 2010
DOCKET NUMBER: AR20090013415
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 previous request for award of the Combat Infantryman Badge (CIB). Of note, he withdraws his request for the Purple Heart.
2. The applicant states, in effect, the Department of Veterans Affairs (DVA) has rated him at 50-percent disabled for post-traumatic stress disorder as a result of his exposure to combat in Vietnam. This disability rating by the DVA gives him "combat veteran status."
3. The applicant provides:
a. page 2 of a DVA rating decision and
b. a 4-page health summary (VISTA Electronic Medical Documentation), dated 12 December 2008 and printed on 18 January 2009.
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 AR20080014956 on 13 November 2008.
2. The applicant submitted the documents listed in paragraph 3 above in support of his application. These documents were not previously reviewed by the ABCMR and are considered new evidence warranting consideration by the Board. He also makes a new argument that the DVA has afforded him combat veteran status, thereby proving his entitlement to the CIB.
3. The applicant received military occupational specialty (MOS) training in MOS 11B (Light Weapons Infantryman) at Fort Lewis, WA, from on or about 4 August 1969 to on or about 3 October 1969.
4. Following MOS training, he was assigned to Troop B, 6th Squadron, 1st Cavalry, 2nd Armored Division, Fort Hood, TX. There he performed duties in MOS 71T (Equipment Maintenance Clerk).
5. On or about 25 January 1970, the applicant departed Fort Hood en route to Vietnam. He arrived in Vietnam on or about 25 February 1970 and was assigned to the U.S. Army Advisory Group, III Corps Tactical Zone, U.S. Military Assistance Command, Vietnam (USMACV). He performed duties in MOS 11B as a security guard.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. The Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
7. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the CIB. Appendix 3 to annex A of this regulation listed 21 duty positions that were not eligible for award of the CIB although, in the performance of their duties, personnel in these 21 positions may have accompanied infantry or infantry-type units on operations. Security guard was one of the positions not eligible for award of the CIB.
DISCUSSION AND CONCLUSIONS:
1. There is no question the applicant served in Vietnam and was exposed to combat-related stress as a result of that service. All Soldiers who served in Vietnam cooks, clerks, military police, engineers, etc. have combat veteran status even though they may have never actually engaged in combat. Soldiers who served during the Vietnam War, but never served in Vietnam, are awarded Vietnam-era service status; they are not combat veterans.
2. The applicant served in Vietnam as a security guard with the U.S. Army Advisory Group, III Corps Tactical Zone, USMACV. The applicant did not serve in an infantry unit of brigade, regimental, or smaller size. That fact, coupled with his assignment as a security guard, made him ineligible for award of the CIB.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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 AR20080014956, dated 13 November 2008.
___________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) AR20090013415
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090013415
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100009802
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The applicant was assigned to a unit during a period of time that the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080014956
He also states that he was not awarded a PH medal for wounds he received in Lai Khe, South Vietnam. There are no orders in the applicant's personnel records which show he was awarded the Purple Heart. The evidence of record shows the applicant served in an infantry MOS as a security guard with the USMACV during his tour in Vietnam.
ARMY | BCMR | CY2013 | 20130005916
Application for correction of military records (with supporting documents provided, if any). His DD Form 214 does not show the CIB or BSM as authorized awards. There are no orders for the CIB or BSM in the available records.
ARMY | BCMR | CY2013 | 20130001048
The Board referred to Army Regulation 600-8-22 (Military Awards) stating that "the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). As documented in his award of the Bronze Star Medal, in September, 1970, he was given the title of "Light Weapons Infantry Advisor" assigned to the 4th Battalion, 1st Infantry Regiment, 1st Infantry Division, Army of the Republic of Vietnam (ARVN). Army Regulation...
ARMY | BCMR | CY2008 | 20080009728
The applicant states, in effect, that he was a Combat Infantryman in Vietnam in 1966 through 1967 with an MOS (military occupational specialty) of 11B20. The evidence shows that the applicant held an infantry MOS and was assigned as a security guard with Advisory Team 95, III Corps, Advisory Group, USMACV-USARPAC; however, there is no evidence, and the applicant provided none to show he served in active ground combat with an infantry unit serving in Vietnam. In his application to the...
ARMY | BCMR | CY2007 | 20070002913C071029
This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal. The evidence of record shows the applicant was a radio operator assigned to two advisory teams while in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for the period 7 March 1968 through 8 October 1969; and b....
ARMY | BCMR | CY2004 | 2004100199C070208
Although the applicant may have served in the capacity of a radio operator and body guard with infantry units on the three dates listed by the senior advisor in his recommendation for award of the CIB to the applicant, the applicant was assigned to an administrative specialist position, possessed the military occupational specialty of an administrative specialist and did not qualify for award of the CIB under any regulatory guidance in effect at the time. Evidence shows that the applicant’s...
ARMY | BCMR | CY2009 | 20090010283
There are no orders awarding the applicant the CIB or the Purple Heart in his records, and there are no medical records which show that he was wounded as a result of hostile action. The applicant was never awarded the MOS 11B and never served in an infantry unit. There are no medical records which show that the applicant was treated for wounds incurred as a result of hostile action, his name is not contained on the Vietnam Casualty List, and his DA Form 20 does not show that he was wounded.
ARMY | BCMR | CY2007 | 20070003470C071029
Appendix 3 to Annex A of this regulation listed advisor positions in MACV which were considered infantry positions and for which award of the CIB was authorized. Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, USMACV and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July...
ARMY | BCMR | CY2011 | 20110011082
There are no orders in the applicant's records awarding him the CIB. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.