IN THE CASE OF:
BOARD DATE: 25 January 2011
DOCKET NUMBER: AR20100019383
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.
2. The applicant states, in effect, he did not originally receive the Combat Infantryman Badge because he was medically evacuated from Vietnam. He believes it was an oversight on the part of his unit.
3. As new evidence, the applicant provides four pages of the 1st Cavalry Division Vietnam War history.
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 AR20090020918, on 22 June 2010.
2. The applicant submitted four pages of the 1st Cavalry Division Vietnam War history which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
3. The applicant's records show he was inducted into the Army of the United States on 4 January 1964 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). He served in Vietnam from 17 August 1965 to 17 November 1965 while assigned to the 2nd Battalion, 5th Cavalry, 1st Cavalry Division.
4. On 18 November 1965, he was transferred from Vietnam to Valley Forge General Hospital, Phoenixville, PA, for medical treatment.
5. On 20 January 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation. He served a total of 2 years and 17 days of creditable active service.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the Vietnam Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
7. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge. His records do not contain orders for the Combat Infantryman Badge.
8. The applicant provides four pages of the 1st Cavalry Division Vietnam War history detailing some of the engagements the unit participated in.
9. Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers, 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.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. His infantry MOS and service in Vietnam are not in question. However, there is no evidence in his available records nor did he provide any evidence that shows he was personally present with a qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat.
3. Notwithstanding his sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders, or additional documentation that conclusively shows he was personally present with the qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat, there is insufficient evidence upon which to award him the Combat Infantryman Badge.
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 AR20090020918, dated 22 June 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) AR20100019383
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ABCMR Record of Proceedings (cont) AR20100019383
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