IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120004419
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 for award of the Combat Infantryman Badge (CIB) through his Member of Congress.
2. The applicant states:
a. There is misinformation in the Board's decision letter. He did not serve with the 181st Infantry as stated in the "applicant's states" section of the decision. He was either in the 18th or 26th Infantry.
b. Contrary to what the Board's decision states, he did in fact serve in active ground combat.
3. The applicant provides a letter from a Member of Congress, dated 8 February 2012.
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 AR20110015135 on 26 January 2012.
2. The applicant's contentions that he served with either the 18th or 26th Infantry in Vietnam and that he served in active ground combat are new arguments that will be considered by the Board.
3. His original application shows he reported he was attached to the "18 Inf" [18th Infantry] in Vietnam.
4. The applicant enlisted in the Regular Army on 31 December 1962 for a period of 3 years. He was awarded military occupational specialty (MOS) 13E (field artillery operations intelligence specialist). His DA Form 20 (Enlisted Qualification Record) shows his duty MOS as 13E while he was assigned to Battery C, 1st Battalion, 7th Artillery (an element of the 1st Infantry Division), in Vietnam from 25 June 1965 to 20 December 1965. On 21 December 1965, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his remaining service obligation.
5. His DD Form 214 does not show the CIB as an authorized award.
6. There are no orders for the CIB in the available records.
7. Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the CIB.
8. 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. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.
9. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed award of the CIB to Army forces operating in South Vietnam. This regulation stated the criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat." This regulation also stated the CIB was authorized for award to officers, enlisted personnel, and warrant officers who held an infantry MOS and required that 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 points out there is incorrect information in ABCMR Docket Number AR20110015135 because he did not serve with the 181st Infantry as stated in the "applicant's states" section. Since his original application indicates he reported he was attached to the 18th Infantry, not the 181st Infantry, it appears this was an administrative error.
2. Although he contends he served with either the 18th or 26th Infantry in Vietnam, the evidence of record shows he served in MOS 13E while assigned to Battery C, 1st Battalion, 7th Artillery, 1st Infantry Division, in Vietnam.
3. There are no orders for the CIB in the available records. There is also no evidence of record which shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam or that he was an infantryman. Regrettably, there is insufficient evidence on which to base award of the CIB in this case.
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 AR20110015135, dated 26 January 2012.
__________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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