BOARD DATE: 9 November 2010
DOCKET NUMBER: AR20100007977
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 states, in effect, he defers to his counsel.
2. The applicant states, in effect, in a general power of attorney that he gives his counsel permission to act in his behalf, to make claims, requests, inquiries, and communications with the U.S. Army including all of its departments as it relates to the correction of his military records and the issuance of awards.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests reconsideration of the applicant's previous request for award of the Combat Infantryman Badge (CIB).
2. Counsel states the applicant performed the duties of military occupational specialty (MOS) 11B (Rifleman) while assigned to the 1st Battalion, 327th Infantry Regiment from June 1966 to September 1967, but at the time his primary MOS was 54A. Counsel also states the applicant came under fire on numerous occasions and performed honorably and the applicant's company commander intended to have his MOS changed from 54A to 11B so he would be eligible for the CIB, but the commander was wounded in action on 11 December 1966 and evacuated before he could do so. Counsel also states the applicant was only recently able to locate his former commander who confirms he intended to recommend that the applicant's MOS be changed so he would be eligible for award of the CIB, but he was evacuated before he could submit the request.
3. Counsel submitted copies of four statements 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 AR2002073851 on 21 November 2002.
2. Counsel provided copies of four statements which are considered new evidence and merit consideration by the Board.
3. As noted in the Board's original proceedings, the applicant's available records show he was awarded primary MOS 54A (Chemical Operations Apprentice) and he was assigned to the 1st Battalion, 327st Infantry Regiment, 101st Airborne (Air Assault) Division in the Republic of Vietnam (RVN) from 19 September 1966 to 24 August 1967. However, there are no orders to show he was awarded the CIB.
4. The statement from T____ A____, a captain, indicates he assumed command of the 327th Parachute Infantry Regiment, 101st Airborne Division which was known as the Tiger Force in August 1966 and the applicant performed was under his command he was assigned as a chemical operations specialist; however, he performed duties as an infantryman and was often under enemy fire. He also states he intended to request that the applicant's MOS be changed MOS 11B so he could ultimately recommend him for award of the CIB. However, before he could make the request he was injured and evacuated on 11 December 1966.
5. The statement from G____ F____, the platoon leader of the Tiger Force Reconnaissance Platoon states he was assigned to the 1st Battalion, 327th Infantry Regiment, 101st Airborne Division from late 1966 to 15 May 1967, but he was evacuated as a result of wounds received in action. He states he knows for a fact the applicant came under enemy attack on numerous occasions and was instrumental in defending their positions. He states he was given a list of the names of Soldiers who were recommended for a medal for valor and the applicant's name was on the list.
6. The statement from L____ H____ indicates he was also assigned to the 1st Battalion, 327th Infantry Regiment, 101st Airborne Division from June 1966 to November 1967 and he served with applicant during this period.
7. The statement from K____ K____ indicates he was assigned to the 1st Battalion, 327th Infantry Regiment, 101st Airborne Division in late 1966 to 1967 and he was the applicant's section and platoon leader.
8. Army Regulation 600-8-22 provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons 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. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
Although the statements that were submitted confirm the applicant's assignment to the 1st Battalion, 327st Infantry Regiment, 101st Airborne Division, the commander's statement clearly indicates the applicant did not hold an infantry MOS. Due to the circumstances that unfolded the commander was unable to assist the applicant in changing to an infantry MOS to make him eligible for award of the CIB. Regrettably, there is insufficient evidence on which to base award of the CIB.
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 AR2002073851 on 21 November 2002.
__________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.
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