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ARMY | BCMR | CY2010 | 20100028420
Original file (20100028420.txt) Auto-classification: Denied

		

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100028420 


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 (CIB).

2.  The applicant states he would like the CIB added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He believes he met the requirements for award of the CIB.

3.  As new evidence, the applicant provides a statement of support.

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 AR20100007845, on 3 August 2010.

2.  The applicant submitted a statement of support which was not previously reviewed; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant's records show he enlisted in the Regular Army on 10 March 1965 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman) and MOS 76Y (Unit and Organization Supply Specialist).  
4.  He served in Vietnam for 1 month and 17 days from 5 December 1966 to 21 January 1967 while assigned to Company B, 1st Battalion, 16th Infantry, 1st Infantry Division.

5.  On 22 May 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.  He completed 3 years of creditable active service with 73 days of lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.  

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.  His records do not contain orders which show he was awarded the CIB.

8.  The applicant provides a statement of support from lieutenant colonel (LTC) (USAR, Retired) R***, an officer he was stationed with in Vietnam.  LTC R*** stated he assumed command of the reconnaissance platoon in December 1966 when the applicant was already a member of the platoon.  A reconnaissance platoon is exposed to more hostile situations than any other infantry element and requires that every member be a dedicated, devoted, and conscientious Infantryman.  LTC R*** further stated the applicant did a tour of duty in Vietnam as an infantryman from approximately November 1966 through April 1967, he (LTC R***) understood the applicant's records were posted incorrectly and did not reflect his MOS as an 11B, and confirmed the applicant served as an 11B during their tenure together. 

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.  The applicant's infantry MOS and service with the 1st Battalion, 16th Infantry, in Vietnam are not in question.  Notwithstanding his sincerity, the statement of support from LTC R*** was noted; however, it stated the applicant was a member of the reconnaissance platoon and served as an 11B in Vietnam, it did not state he participated in ground combat.  Therefore, he has not met all the requirements for award of the CIB.

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 AR20100007845, dated 3 August 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)                                         AR20100028420



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ABCMR Record of Proceedings (cont)                                         AR20100028420



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