IN THE CASE OF:
BOARD DATE: 30 November 2010
DOCKET NUMBER: AR20100014595
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 request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.
2. The applicant, in effect, states that the information in a Department of Veterans Affairs (VA) memorandum may be sufficient for the Board to change its previous decision.
3. The applicant provides a memorandum from the VA, dated 31 December 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 AR20090013218, on 21 January 2010.
2. The original Record of Proceedings stated that the applicant may very well have been eligible for award of the Combat Infantryman Badge; however, the official records did not contain orders or other documents to substantiate his claims. Furthermore, the "Transmittal of Award" letter, dated 4 August 1966, provided by the applicant, was found to be insufficient by itself. Accordingly, the Board denied his request.
3. The VA memorandum, dated 31 December 2009, provided by the applicant is new evidence that requires Board consideration.
a. This memorandum states that on 10 August 2009 the applicant provided the VA with a "Transmittal of Award" letter, dated 4 August 1966 indicating that he had been awarded a Combat Infantryman Badge. He also provided orders, dental records, and other documents showing that he had been assigned in the Republic of Vietnam for more than 11 months as a radio operator, a job consistent with being in combat situations.
b. Because his job as a radio operator had a high probability of being placed in combat, the VA conceded award of the Combat Infantryman Badge to the applicant.
4. 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.
5. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge. Appendix 3 to Annex A of this regulation listed advisor positions which qualified for award of the Combat Infantryman Badge. The regulation authorized award of the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.
2. While the VA memorandum itself is new evidence that requires Board consideration, the documents listed in the memorandum are not. The Board previously considered the applicant's entire official record, as well as the
4 August 1966 transmittal letter he provided to both the VA and to this Board.
3. The VA conceded award of the Combat Infantryman Badge to the applicant because his job as a radio operator had a high probability of being placed in combat. However, this Board requires a higher standard of proof upon which to base a correction of official military records.
4. In view of the foregoing the applicant's request should be denied.
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 AR20090013218, dated 21 January 2010.
_______ _ _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) AR20100014595
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ABCMR Record of Proceedings (cont) AR20100014595
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