BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100011704
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 for award of the Combat Infantryman Badge (CIB).
2. The applicant does not provide a reason or explanation regarding his request.
3. The applicant provides a "News Note" with a handwritten entry "From Blackstone Valley Tribune, Date approx 09/1969" and two supporting statements, dated 11 August 2009 and 26 August 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 AR20090002149, on 19 May 2009.
2. The two supporting statements and the "News Note" were not previously considered by the Board. Therefore, they are new evidence that warrants consideration in this case.
3. In a copy of the undated News Note, it states "The Combat Infantryman's Badge was awarded last month to (applicant's name), in Vietnam."
4. In a statement dated 11 August 2009, an individual stated the applicant served as a rifleman in his squad during 1969 in the Republic of Vietnam. He added that on numerous occasions the squad came under sniper fire. On one of those occasions, the applicant assisted him to a safe area after he was wounded. The individual stated the applicant was an active member of his squad and was present and participated in several firefights with the enemy. He stated these encounters with the enemy caused casualties on both sides. He also recalled the applicant receiving a minor wound in a firefight, but did not want to receive any recognition. The individual concluded that the applicant should receive the recognition he deserves and be awarded the CIB, Army Commendation Medal, and the Purple Heart.
5. In a statement dated 26 August 2009, an individual indicated that he was with the applicant in Vietnam from May 1969 to December 1969. He offered that he and the applicant were in numerous missions together and were involved in finding one of the largest weapon caches in the highlands. He said the company was also involved in several combat missions during their tenure.
6. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. 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.
DISCUSSION AND CONCLUSIONS:
1. The fact that the applicant provided a "News Note" which indicates he was awarded the CIB is not sufficient evidence to conclude that he is entitled to the award of the CIB. There is no evidence in the available records to support his claim.
2. While there is no reason to doubt the sincerity of the statements provided by his former comrades, such individual statements alone are insufficient as a basis to award the applicant the CIB.
3. Given the regulatory burden of proof required to establish entitlement to the CIB and lacking any independent evidence or evidence of record that confirms the applicant actually participated in active ground combat, the overall merits of the case are insufficient as a basis for award of the Combat Infantryman Badge.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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 AR20090002149, dated 19 May 2009.
__________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) AR20100011704
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