IN THE CASE OF:	  

		BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100009921 


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 petition to be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states he is entitled to the CIB because he was in the infantry and he was engaged in combat with the enemy.

3.  The applicant provides the following documents:

* notarized witness statement, dated 4 January 2010
* copy of the witness' DD Form 214 (Armed Forced of the United States Report of Transfer or Discharge)
* copy of a photograph reportedly showing the applicant in Cambodia with the witness

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 AR20080008300 on 11 September 2008.

2.  During its original review of the case, the Board found no evidence of record the applicant served in active ground combat during his tour in the Republic of Vietnam (RVN) and as a result concluded there was insufficient evidence to support award of the CIB.
3.  His service records show he enlisted in the Regular Army on 24 June 1968 for a period of 3 years.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 6 October 1969 through 2 October 1970 and he was assigned to Company C, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile) from
5 November 1969 through 1 October 1970 and he performed duties as a Squad Leader in duty MOS 11B.

5.  On 11 September 2008, the ABCMR granted him partial relief.  As a result, his DD Form 214 was corrected to add the Bronze Star Medal, Air Medal with Numeral “2,” Army Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

6.  On 9 June 2009, he applied for reconsideration of his CIB and on 6 October 2009, the ABCMR returned his request citing insufficient evidence.  However, the board recommended he contact someone in a responsible position (first sergeant, platoon leader, or company commander) who could provide a sworn or notarized statement to the effect that the applicant actually participated in ground combat against the enemy along with a copy of the witness' DD Form 214 showing award of the CIB.  He was given a suspense date of 24 December 2009 to submit this evidence.

7.  He provided a notarized statement from a fellow Soldier, dated 8 December 2010, testifying to the fact that the applicant was in numerous firefights with the enemy and they were awarded the CIB.  A copy of the witness' DD Form 214 shows he was awarded the CIB.

8.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

9.  Army Regulation 600-8-22 states the Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star (SS) to an individual.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, his unit (5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division) earned the VUA.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB has been carefully considered and found to have merit.

2.  Regulatory guidance states, in order to qualify for the CIB, a member must have held and served in an infantry MOS, served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

3.  The witness statement affirms he served with the applicant in the RVN where they were engaged in numerous firefights with the enemy.  While this statement does not have the same level of credibility as one from a commander or platoon leader would, it does support the applicant's contention that he served in combat as an infantryman and, as a result, he was awarded the CIB as evidenced by his DD Form 214.

4.  Further, there is no indication he was ever assigned to an infantry staff headquarters or to non-infantry duties during his tenure of assignment in the RVN, and given his unit regularly participated in combat operations and was cited for award of the VUA which required heroism in combat equal to that required to support award of the SS to an individual during his assignment, the evidence is sufficiently compelling to conclude that he was present and participated in active ground combat against the enemy during his RVN tour.  As a result, it would be appropriate and serve the interest of equity and justice to award him the CIB.

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 AR20080008300, dated 11 September 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge and correcting his DD Form 214 to show this award.



      ____________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)                                         AR20100009921



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ABCMR Record of Proceedings (cont)                                         AR20100009921



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