BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110019597
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 earlier request to add the Combat Infantryman Badge (CIB) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded the CIB while serving in the Dominican Republic.
3. The applicant provides:
* an eyewitness statement from a fellow Soldier at the time in question
* the fellow Soldier's DD Form 214
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 AR20110000851 on 16 August 2011.
2. The eyewitness statement is new evidence that will be considered by the Board.
3. The applicant enlisted in the Regular Army on 25 May 1965 for a period of 3 years. He was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He served in MOS 11B while assigned to Company C, 2nd Battalion, 504th Infantry, in the Dominican Republic from 1 March 1966 to 6 August 1966. He served in MOS 11B assigned to Company B, 1st Battalion, 505th Infantry, in Vietnam from 14 February 1968 to 8 May 1968. On 25 May 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
4. His DD Form 214 does not show the CIB as an authorized award.
5. There are no orders for the CIB in the available records.
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.
7. He provides an eyewitness statement from a fellow Soldier at the time in question, dated 7 September 2011, who attests:
* he and the applicant served in the Dominican Republic Campaign from 1965 to 1966 with the 504th Infantry, 82nd Airborne Division
* during their tour of duty they were in direct combat with the enemy and they earned the CIB for their participation in the Dominican Republic Campaign
* they were in the same unit, they pulled guard duty together, they went out on patrol together, and they pulled road block together
* they were awarded the CIB in the Dominican Republic after President Johnson issued the order because of their service there
8. He also provides a copy of the fellow Soldier's DD Form 214 which shows the CIB as an authorized award.
9. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was awarded the CIB while in the Dominican Republic.
2. The evidence shows he was an infantryman in an infantry unit during his assignments in the Dominican Republic and Vietnam. However, there are no orders for the CIB pertaining to the applicant.
3. There is no evidence of record that shows he served in active ground combat while assigned to an infantry unit of brigade or smaller size as required by the governing regulation.
4. In the absence of orders officially awarding him the CIB, the eyewitness statement or the fact the fellow Soldier received the CIB are not sufficient as a basis for adding the CIB to his DD Form 214.
5. In view of the foregoing, there is an insufficient evidentiary 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 the overall merits of this case are
insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110000851, dated 16 August 2011.
__________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) AR20110019597
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