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ARMY | BCMR | CY2011 | 20110001292
Original file (20110001292.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20110001292 


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 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 states he was awarded the Combat Infantryman Badge in Vietnam.  His unit was actively engaged in ground combat in Vietnam and several of his superiors and subordinates were killed or wounded while they were on patrol.

3.  As new evidence the applicant provides two witness statements.

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 AR20070002663 on 9 August 2007.

2.  The applicant's new evidence is two witness statements from his former platoon leader and his former commander whom he served with in Vietnam and which were not previously reviewed by the ABCMR; therefore, they warrant consideration by the Board.

3.  The applicant's records show he was inducted into the Army of the United States on 26 October 1970 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 20 August 1971 to 9 April 1972 while assigned to Company B, 1st Battalion, 7th Cavalry.

4.  He was honorably released from active duty on 10 April 1972 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

6.  A DD Form 215 (Correction to DD Form 214), dated 5 February 2008, added the Bronze Star Medal, Air Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Pistol Bar, and Sharpshooter Qualification Badge with Machine Gun Bar.

7.  In a witness statement, dated 11 July 2011, Lieutenant M____ stated he was the applicant's platoon leader in Vietnam, assigned to Company B, 1st Battalion, 7th Cavalry.  In October 1971, he assigned the applicant the job of carrying the M-60 machine gun and he was with the applicant during at least two firefights when the platoon and the applicant were actively engaged with the enemy.  The first firefight was in a bunker complex as they walked point for the company.  The platoon came under fire and he [Lieutenant M____] was the only casualty, being hit in the upper arm by a small piece of shrapnel.  The second firefight was about a week later and the platoon set up defensive positions in a bunker complex, came under mortar attack, and returned fire.  The applicant's performance was outstanding and he deserves the recognition of being awarded the Combat Infantryman Badge.

8.  In a witness statement, dated 11 July 2011, Captain J____ stated he was the company commander of Company B, 1st Battalion, 7th Cavalry, in Vietnam from June through November 1971 while the applicant was assigned to the company as the machine gunner.  He recalled at least three occasions when the applicant was actively engaged with the enemy, exposed to enemy fire, and returned fire.  On one of those occasions, 10 November 1971, they came under enemy fire from a bunker complex and the applicant returned an enormous volume of accurate M-60 fire, holding a portion of the enemy force in place in their bunker while he [Captain J____] repositioned the platoons.  He further stated he hoped his accounting of the combat service of the applicant would result in him being awarded the Combat Infantryman Badge.

9.  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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held an infantry MOS and was assigned to the infantry platoon of a cavalry unit.

2.  The witness statements from the applicant's platoon leader and company commander verify he actively served in ground combat with enemy forces while in Vietnam and are accepted as sufficient evidence to confirm his contention that he was awarded the Combat Infantryman Badge.  Therefore, the Combat Infantryman Badge should be added to his DD Form 214.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20070002663, dated 9 August 2007.  As a result, the Board recommends that all Department of the 


Army records of the individual concerned be corrected by adding the Combat Infantryman Badge to item 24 of his DD Form 214



      ___________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)                                         AR20110001292



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ABCMR Record of Proceedings (cont)                                         AR20110001292



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