IN THE CASE OF:	  

		BOARD DATE:	    14 June 2011

		DOCKET NUMBER:  AR20110000549 


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 petition to correct his 
DD Form 214 (Armed of Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states he was an infantryman and satisfactorily performed duties while actively engaged in ground combat while assigned to two infantry units during his tour in the Republic of Vietnam.  The applicant argues the squadron was cited for award of the Presidential Unit Citation, Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time he served with Troop A, 3rd Squadron, 5th Cavalry, 9th Infantry Division.  

3.  The applicant provides a self-authored statement, a copy of his DD Form 214, a witness statement, and two newspaper articles from unknown sources.

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 AR20100010517 on 30 September 2010.

2.  The applicant submitted a self-authored statement, a witness statement, and two newspaper articles which were not previously considered by the Board; therefore, these documents are considered new evidence which warrants consideration by the Board.
3.  As previously indicated, the applicant was assigned to Troop A, 3rd Squadron, 5th Cavalry, 9th Infantry Division for the period 21 July 1969 through 24 February 1970 and to Company C, 2nd Battalion, 327th Infantry, 101st Airborne Division for the period 5 March 1970 through 6 July 1970.

4.  The applicant provides a witness statement from a Soldier who stated he served with the applicant in a number of firefights in the Republic of Vietnam.  The witness states he had been in the Republic of Vietnam 4 or 5 months when the applicant joined his platoon.  The witness stated initially his DD Form 214 did not list the CIB as an authorized award but the ABCMR corrected his DD Form 214 based on his military history.  The witness stated his records showed award of the Army Commendation Medal with "V" Device, the Presidential Unit Citation, Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant provided an article showing he was "Soldier of the Month" while assigned to Troop A, 3rd Battalion, 5th Cavalry and serving near Dong Ha, Republic of Vietnam.  A second article references the 3rd Squadron, 5th Calvary taking part in the recovery of a Soviet Tractor while in the A Shau Valley.

6.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

7.  Army Regulation 600-8-22 states the Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

8.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters,     U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB was carefully considered.  However, the available evidence does not support the applicant's request for correction of his DD Form 214 to show award of the CIB.

2.  The available evidence shows the applicant was an infantryman assigned to an infantry unit of brigade, regimental or smaller size during his tour in the Republic of Vietnam.  However, the evidence does not show he served in active ground combat during this period of service.  Without such evidence, there is insufficient basis for correcting his DD Form 214 to show award of the CIB.

3.  The applicant's assertion that the Presidential Unit Citation and Valorous Unit Awards were awarded to his squadron is accurate.  However, records show the Presidential Unit Citation and Valorous Unit Awards were not awarded during the time the applicant served with Troop A, 3rd Squadron, 5th Cavalry, 9th Infantry Division nor while he was assigned to Company C, 2nd Battalion, 327th Infantry, 101st Airborne Division.  

4.  The letter of support was carefully considered in review of this case.  Unfortunately there is no evidence in the available records which corroborates that the applicant met the criteria for award of the CIB.  Without such evidence there is insufficient basis for correcting his DD Form 214 to show 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 AR20100010517, dated 30 September 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)                                         AR20110000549



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ABCMR Record of Proceedings (cont)                                         AR20110000549



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