IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100021587
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 an earlier request to correct his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).
2. The applicant states:
* he was awarded the CIB
* he wants the badge shown on his DD Form 214 with the rest of his commendations
* The Joint Services Records Research Center coordinator has verified his stressors
3. The applicant provides:
* DD Form 214
* Newspaper article and photograph
* Page 2 of a Department of Veterans Affairs (DVA) document
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. The American Legion, as counsel for the applicant, requests his DD Form 214 be corrected to show the CIB.
2. Counsel states the issues raised on his DD Form 214 amply advance his contentions and substantially reflect the probative facts needed for equitable review.
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 AR20090021315, on 8 June 2010.
2. The applicant provided a photograph and a newspaper article which states he was awarded the CIB on 8 April 1966 in Vietnam. However, these items were previously considered by the Board and will not be discussed further in these proceedings.
3. He also provided page 2 of a DVA letter which states, in pertinent part, "This agency is in receipt of your submitted documentation showing your receipt of a combat's infantryman badge which would automatically concede your stressor. In addition, the Joint Services Records Research Center Coordinator has also verified your stressors based on your units [sic] records and information which clearly provide evidence that the stressors may have occurred." This is new evidence which will be considered by the Board.
4. The applicant was inducted into the Army of the United States on 20 June 1966. He was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman). His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 11C assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 69th Armor of the 4th Infantry Division during his assignment in Vietnam. On 29 June 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
5. His DD Form 214 does not show the CIB as an authorized award.
6. There are no orders for the CIB in the applicant's service personnel records.
7. Army Regulation 600-8-22 (Military Awards) states the CIB 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to HHC, 1st Battalion, 69th Armor of the 4th Infantry Division in Vietnam.
2. There are no orders for the CIB available. In addition, there is no evidence of record which shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Further, he was assigned to an armor unit, not an infantry unit. Regrettably, there is insufficient evidence on which to base award of the CIB in this case.
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 AR20090021315, dated 8 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) AR20100021587
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ABCMR Record of Proceedings (cont) AR20100021587
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