IN THE CASE OF:
BOARD DATE: 3 May 2012
DOCKET NUMBER: AR20110022469
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 to be awarded the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, that he received awards showing that he was in active ground combat duty as a point man on patrol as a scout dog handler with the 4th Infantry Division from 3 January 1969 to 3 January 1970 and should have been awarded the CIB.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and copies of orders and citations for awards of the Army Commendation Medal (ARCOM) and the Air Medal for meritorious service.
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 AR20100019336, on 1 February 2011.
2. The applicant was inducted in Montgomery, Alabama on 2 April 1968. He completed his one-station unit training as an infantryman at Fort Benning, Georgia and remained at Fort Benning to undergo training as a scout dog handler.
3. He was transferred to Vietnam on 4 January 1969 and was assigned to the 33d Infantry Platoon Scout Dog (IPSD), 4th Infantry Division. He was advanced to the pay grade of E-4 on 11 October 1969.
4. On 28 November 1969 he was awarded the Air Medal for meritorious service during the period 20 February to 27 September 1969.
5. On 13 December 1969 he was awarded the ARCOM for meritorious service during the period of January 1969 to January 1970.
6. A review of his official records failed to show any indication of the applicant engaging the enemy in combat.
7. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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. While the sincerity of the applicants claim that he should be awarded the CIB for his service in Vietnam is not in doubt, there simply is no evidence to show that he actually engaged the enemy in ground combat.
2. The certificates and citations provided by the applicant show that his awards were for meritorious service and there is no evidence in his records to show his encounters with the enemy.
3. Although it is likely that he did encounter the enemy given he was a scout dog handler, not every infantryman in Vietnam had encounters with the enemy or were awarded the CIB simply for being an infantryman and being in country. Additionally, it is difficult at best to determine what happened in the applicants case some 40+ years ago.
4. Therefore, in the absence of sufficient evidence to show that he engaged the enemy in combat, there appears to be no basis to award him the CIB at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X ___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 AR20100019336, dated 1 February 2011.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20110022469
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110022469
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110014204
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * the Combat Infantryman Badge (CIB) * that he served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) * completion of the Off Leash Scout Dog Handler Course 2. The applicant provides a DD Form 214, DA Form 20 (Enlisted Qualification Record), Diploma for the Off Leash Scout Dog Handler Course, final transcript for the On Leash Scout Dog...
ARMY | BCMR | CY2007 | 20070009362
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 15 July 1969, be corrected to show award of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM). There are no orders in the applicants service personnel records which show that he was awarded the CIB. The applicant's military service records do not contain orders for the award of the Army Good Conduct Medal.
ARMY | BCMR | CY2011 | 20110016884
The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal but does not include award of the medals the applicant is requesting. Holding an infantry MOS, being assigned to a qualifying unit, going on patrols, and receiving campaign credit alone are not sufficient to support award of the Combat Infantryman Badge. The applicant was awarded the Good Conduct Medal, on 9 December 1970, qualified as an expert with the machinegun, and served in Vietnam during three campaign periods.
ARMY | BCMR | CY2004 | 2004104577C070208
The evidence of record confirms that during his RVN tour, the applicant served as an infantryman/dog handler in a qualifying infantry unit and was present with and personally participated with the unit while it was engaged in active ground combat. As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 15 July 1969 through 7 December 1970. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2008 | 20080008093
In the original consideration of his case, the applicant provided orders that showed he was promoted to Sergeant, E-5, on 15 August 1968 while in the 41st Infantry Platoon (Scout Dog) in MOS 11F4D. Regrettably, without the orders awarding the applicant the Bronze Star Medal or other corroborating evidence (e.g., an affidavit from the individual who recommended him for the award or from an individual who knew of the circumstances surrounding the recommendation for award and preferably the DD...
ARMY | BCMR | CY2010 | 20100000721
His military medical records are not available for the Board's review. Army Regulation 672-5-1 (Military Awards), then in effect, provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services has been wounded, killed, or who has died as a result of a wound sustained as a result of hostile action. Evidence does show...
ARMY | BCMR | CY2008 | 20080017316
The evidence of record also shows that the applicant is also entitled to have his records show his awards of the Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2004 | 20040003065C070208
The report of his medical examination does not show that he was injured or that he was wounded in action. A 14 July 1987 DD Form 149 (Application for Correction of Military or Naval Record) shows that he again requested award of the Combat Infantryman Badge. Examples of injuries or wounds which clearly do not qualify for award of the Purple Heart include frostbite or trench foot injuries, heat stroke, and accidents, to include explosive, aircraft, vehicular, and other accidental wounding...
ARMY | BCMR | CY2001 | 2001056155C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That he be awarded the Combat Infantryman Badge (CIB) and that his records be corrected accordingly. The applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that during his assignment he performed the duties of an infantryman while assigned to an infantry unit or that he engaged in ground combat against...
ARMY | BCMR | CY2011 | 20110019274
The applicant requests award of the Combat Infantryman Badge (CIB). He completed training and he was awarded MOS 11B. Notwithstanding his sincerity, in the absence of official documentary evidence 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 an insufficient evidentiary basis for granting the applicant's requested relief.