IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110005108
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.
2. The applicant states, in effect, he served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) as squad leader, in a combat zone, in Vietnam. The clerk apparently made a mistake and did not add the Combat Infantryman Badge to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) when he was discharged.
3. As new evidence, the applicant provides a newspaper article and two photographs. The applicant also provides numerous orders and other documents from his Official Military Personnel File which were previously considered by the Board and are not considered new evidence.
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 AR20100007232, on 20 July 2010.
2. The applicant's new evidence consists of a newspaper article, undated, wherein it stated the Combat Infantryman Badge was awarded to the applicant in Vietnam. He also provides two photographs of a Soldier wearing the Combat Infantryman Badge.
3. The applicant's records show he was inducted into the Army of the United States on 4 December 1967 and he held MOS 11B. He served in Vietnam from on or about 1 June 1968 to 5 July 1969 while assigned to Company A, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division, and Headquarters and Headquarters Company, 3rd Brigade, 4th Infantry Division.
4. He was honorably released from active duty on 7 July 1969 and he was transferred to the U.S. Army Reserve. He completed 1 year, 7 months, and 4 days of creditable active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Combat Infantryman Badge.
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge. His records do not contain orders that show he was awarded the Combat Infantryman Badge.
7. 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. His infantry MOS and service in Vietnam are not in question. However, there is no evidence in his available records nor did he provide any evidence that shows he was personally present with a qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat.
3. Notwithstanding his sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders, or additional documentation that conclusively shows he was personally present with the qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat, there is insufficient evidence upon which to award him the Combat Infantryman Badge.
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 AR20100007232, dated 20 July 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.
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