BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110002351 


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

2.  The applicant states that during his tour of duty in Vietnam, he did in fact serve in combat.  As a result of his service, he is entitled to award of the CIB.

3.  He provides:

* a company personnel roster
* a printout of an operational timeline
* his DD Forms 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)

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 AR20100016473 on 16 December 2010.

2.  The applicant provides a roster of Company C, 1st Battalion, 14th Infantry Regiment, 3rd Brigade, 25th Infantry Division, dated 12 April 1966 that includes 


his name and the unit’s operational timeline which is new evidence that warrants consideration by the Board.

3.  The applicant was inducted into the Army of the United States on 10 August 1965.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in Vietnam from 6 February 1966 through 6 January 1967;

	b.  Item 33 (Appointments and Reductions) he was advanced to the rank/grade of specialist four (SP4)/E-4 on 18 September 1966 while serving in Vietnam;

	c.  Item 38 (Record of Assignments) he was assigned as an 11B team leader with Company C, 1st Battalion, 14th Infantry Regiment, 3rd Brigade, 25th Infantry Division during his entire tour in Vietnam;

	d.  Item 41 (Awards and Decorations) no award of the CIB; and

	e.  Item 44 (Time Lost Under Section 972, Title 10, U.S. Code and Subsequent to Normal Date ETS) he had no time lost.

5.  The company roster provided by the applicant, dated 12 April 1966, confirms his assignment as an ammunition bearer with the 2nd Gun Squad, 3rd Platoon, Company C, 1st Battalion, 14th Infantry Regiment, 3rd Brigade, 25th Infantry Division during his tour of duty in Vietnam.

6.  The applicant also provided a copy of the unit’s operational timeline during the period 12 March through 12 November 1966.  This document details the unit’s heavy involvement in active ground combat against enemy forces in Vietnam.

7.  The applicant was honorably released from active duty on 9 August 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as corrected by two DD Forms 215, dated 10 May 2010 and 22 March 2011, shows the:


* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* two Overseas Service Bars

9.  His record is absent evidence showing he was recommended for or awarded the CIB.

10.  The 1st Battalion, 14th Infantry Regiment, Golden Dragons website contains a history of the unit's actions during the Vietnam War.  In December 1966 the
3rd Brigade Task Force, 25th Infantry Division completed "Operation Paul Revere IV," setting the army record for the longest sustained combat operation.  The operation began on 10 May 1966 and reached the 230-day mark on
26 December 1966, totaling nearly 32 weeks of field conditions and constant exposure to combat.  During the operation, four major battles were fought by the 3rd Brigade Task Force, which included the:

* Battle of Alpha 10 (29 - 30 May 1966) 
* New Battle of the Ia Drang (31 July - 2 August 1966) 
* Battle of August 9th - (9 August 1966)
* Battle for Dragon Crater - (19 November 1966)

11.  An after action report (AAR) for Operation Paul Revere IV, dated 28 January 1967 shows his unit's participation during the search and destroy mission, which began on 18 October and ended on 31 December 1966.  The AAR shows that Company C, 1st Battalion, 14th Infantry Regiment actively engaged the enemy on numerous occasions.  In November 1966, Company A and Company C,
1st Battalion, 14th Infantry Regiment engaged two enemy battalions, which resulted in the enemy sustaining numerous casualties and loss of life.

12.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  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.  


13.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR will decide cases based on the evidence of record; it is not an investigative body (emphasis added).  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the CIB.

2.  His military record shows that while assigned with Company C, 1st Battalion, 14th Infantry Regiment in Vietnam, he was advanced to the rank/grade of SP4/
E-4 while serving as an infantry team leader.

3.  The evidence shows the unit to which he was assigned in Vietnam was actively engaged in ground combat for nearly 32 weeks, all of which occurred during the period 10 May to 26 December 1966.

4.  His record contains no evidence of time lost and he is not shown in any other status other than present for duty during his tour in Vietnam.  Therefore, it is reasonable to conclude that the applicant was personally present and under hostile fire while serving as an 11B team leader with his unit in Vietnam.

5.  Based on the foregoing, there is sufficient evidence to award the applicant the CIB and to correct his DD Form 214 to show this award.

BOARD VOTE:

___x__  ____x____  ___x_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20100016473, dated 


16 December 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Combat Infantryman Badge for the period 10 May to
26 December 1966 and

	b.  adding to item 24 of his DD form 214 the Combat Infantryman Badge.



      __________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)                                         AR20110002351



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ABCMR Record of Proceedings (cont)                                         AR20110002351



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