BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120005358 


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:

The applicant defers to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests reconsideration of the applicant's earlier request for award of the Combat Infantryman Badge (CIB).

2.  Counsel, Constituent Services, Office of Congressman C____ C____ of Minnesota, states:

* the applicant was awarded the CIB while assigned to a cavalry unit serving in the Republic of Vietnam
* there was no discussion or conclusion related to a photograph he submitted showing the CIB on his fatigue uniform
* a reasonable conclusion would be that a young Soldier serving in Vietnam for more than a year while assigned to a cavalry unit as a light weapons infantryman would be engaged in combat operations at some point
* it is possible for a Soldier to be awarded a CIB and have the expected documentation fail to make it into the Soldier's records, especially from a war zone

3.  Counsel provides:

* statement from the applicant, dated 17 February 2012
* photograph (two copies, one with typewritten notations)
* applicant's DD Form 214
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings, Docket Number AR20110002648, dated 2 August 2011

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 ABCMR in Docket Number AR20110002648 on 2 August 2011.

2.  Counsel submits a statement from the applicant and argues that the photograph showing the applicant wearing the CIB sewn on his uniform was not previously considered by the Board as it is not mentioned in the discussion or conclusion sections of the Record of Proceedings.  The applicant's statement and counsel's argument are considered new and as such warrant consideration by the Board.

3.  On 28 May 1970, the applicant was inducted into the Army of the United States.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments) assignment to Troop D, 7th Squadron, 17th Cavalry, U.S. Army Pacific (USARPAC)-RVN, from 6 November 1970 through on or about 1 December 1971

5.  His record is void of any documentation showing he was awarded the CIB.

6.  Counsel provides two copies of a photograph of two Soldiers.  The second copy indicates the applicant is wearing the CIB on his jungle fatigues.  The Soldiers’ names on their uniforms are not legible.

7.  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 at such time as the unit is engaged in active ground combat.  Qualified Soldiers must have been personally present and participated in the combat operations.

8.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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.  Counsel's request for reconsideration of the applicant's request for award of the CIB was carefully considered.

2.  Despite the new evidence and argument submitted, the basic issue reverts to the absence of orders awarding the applicant the CIB and substantiating evidence that confirms he served in active ground combat.  In accordance with U.S. Army Vietnam Regulation 672-1, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."  Without orders showing he was awarded the CIB or documentary evidence showing conclusively that he served in active ground combat while performing infantry duties, there is an insufficient basis for correcting his record to show he was awarded the CIB.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110002648, dated 2 August 2011.
2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  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)                                         AR20120005358



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ABCMR Record of Proceedings (cont)                                         AR20120005358



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