IN THE CASE OF:
BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110010812
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 request for award of the Combat Infantryman Badge (CIB).
2. He states it was his understanding that his service records would be reviewed and sufficient evidence could be gleaned from his records. He adds that his records would show his locations and assignments in Vietnam. He offers that these service records should be cross-referenced with the after-action reports and situation reports in the U.S. Government records in which the Board could access. He states that these records will support his claim.
3. He provides the following:
* Self-authored statement
* Headquarters, 3rd Brigade, 82nd Airborne Division, Operational Report, dated 12 May 1968
* Self-authored statement to the Department of Veterans Affairs (VA), dated 29 August 2009
* History of the 3rd Brigade
* Six letters to his spouse
* "Vet Center Intake"
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 AR20100019061, on 25 January 2011.
2. The applicants evidence is all new and warrants Board consideration.
3. As stated in the previous case, the applicant was awarded and served in military occupational specialty 11B (Light Weapons Infantryman). He served in the Republic of Vietnam (RVN) from 14 February 1968 to 1 November 1968 and was assigned to the 3rd Brigade, 82nd Airborne Division.
4. The applicant's self-authored statement to the VA and his letters to his spouse describe his service with the 82nd Airborne during his service in the RVN. In his statement and his letters he relayed his encounters with sniper fire, mortar attacks, and rocket fire in an effort to show that he "engaged in active ground combat." In one letter he said that "I called in for artillery and they fired to the area that we gave them on the map after that it was quiet till day break. They sent out a patrol to the area where I called in the artillery and they found thirteen dead V.C. (Viet Cong). That got me scared because there were probably more and they just missed our bunker." Additionally, the envelopes containing the letters are postmarked February, March, April, June, and August 1968. This information was not previously considered by the Board.
5. He also provides the "History of the 3rd Brigade" during World War II and Vietnam.
6. The Operational Report of 3rd Brigade, dated 12 May 1968, provided the significant unit activities. This report stated that the division deployed to a combat area on 12 February 1968 in the RVN. It further stated that from 9 March 1968, the entire brigade was involved in combat operations.
7. 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 of brigade or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
The letters addressed to his spouse describing his encounters with the enemy as well as the operational report are sufficient evidence to conclude that he "personally served in active ground combat." Therefore, in the interest of equity and justice, it would be appropriate to award him the CIB and correct his records 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 ABCMRs decision in Docket Number AR20100019061, dated 25 January 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge and adding it to 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) AR20110010812
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ABCMR Record of Proceedings (cont) AR20110010812
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