IN THE CASE OF:
BOARD DATE: 16 February 2012
DOCKET NUMBER: AR 20110017071
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, the mother of the deceased former service member (FSM), requests reconsideration of her previous request for correction of her sons records to show award of the Combat Infantryman Badge (CIB).
2. The applicant states that she has acquired a copy of the daily staff journal for her son's unit for the day her son was awarded the CIB.
3. The applicant provides copies of:
* DA Form 1594 (Daily Staff Journal or Duty Officer's Log for 6 June 1967
* a letter, subject: CIB for Bravery, dated 8 June 1967
* a patriotic poem
* a letter from the National Personnel Records Center (NPRC), dated
30 May 2011
* Standard Form 180 (Request Pertaining to Military Records)
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 AR20090008996
on 10 December 2009.
2. The applicant has presented new evidence concerning her request for award of the CIB for her son which requires that this case be reconsidered by the ABCMR.
3. The previous Record of Proceedings noted:
a. The FSM enlisted in the Regular Army on 9 August 1966. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 64A (light vehicle driver).
b. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam on 31 December 1966 with the 24th Transportation Company (Light Truck) as a light truck driver in duty MOS 64A.
c. His DA Form 20 does not list the CIB in item 41 (Awards and Decorations). There are no orders in the FSMs personnel records which show he was awarded the CIB.
d. In an 8 June 1967 letter, the commanding officer of the Task Force McDonald Company indicated that the CIB was awarded to the FSM for outstanding marksmanship against the Viet Cong in ground combat. The commanding officer stated the FSM shot and killed Viet Cong as they were infiltrating into the base camp at Duo Pho.
e. Orders published on 20 September 1967 awarded the FSM the Bronze Star Medal with V Device for actions on 7 May 1967 in Vietnam. The citation indicated the FSM distinguished himself by heroic actions while serving as driver of a convoy patrol jeep traveling between Vung Ro and Tuy Hoa.
f. The FSM was discharged on 14 January 1969 for immediate reenlistment. His DD Form 214 for the period ending 14 January 1969 does not show entitlement to the CIB. He reenlisted on 15 January 1969 and he was discharged on 26 September 1969. His DD Form 214 for the period ending
26 September 1969 does not show entitlement to the CIB.
4. Additionally, a 15 October 1967 request for transfer signed by the FSM shows that he was still with the 24th Transportation Company.
5. The applicant provides copies of:
a. DA Form 1594 (Daily Staff Journal or Duty Officer's Log for 6 June 1967, which states in item 8, in part which the applicant has highlighted, "Have contacted LRRP 4A [long rand reconnaissance patrol], Arty being fired in area now. LRRP will be extracted when arty quits. Will debrief LRRP"
b a letter, dated 8 June 1967, from the commanding officer of the Task Force McDonald Company indicated that the CIB was awarded to the FSM for outstanding marksmanship against the Viet Cong in ground combat.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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. Additionally Appendix V of USARV 672-1 provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
7. Headquarters, United States Military Assistance Command, Vietnam Directive Number 672-1, (Decorations, Awards, and Honors) specifically addressed the intent to limit award of the CIB to Soldiers who trained, lived, and fought as infantrymen. It pointed out that such enlisted Soldiers were included only in the MOS 11 series.
DISCUSSION AND CONCLUSIONS:
1. The FSM's records show he served as a light truck driver in MOS 64A in a transportation company. He did not meet the eligibility requirements for the CIB.
2. The new evidence was considered; however, it is insufficient to merit granting of the applicant's request.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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 AR20090008996, dated 10 December 2009.
____________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) AR20100027392
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ABCMR Record of Proceedings (cont) AR20110017071
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