BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20120019811
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 previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB).
2. The applicant states page two of Army Board for Correction of Military Records (ABCMR) Docket Number AR20110012270 lists three requirements for award of the CIB and shows he met only two of the three. It acknowledged he held an infantry military occupational specialty (MOS) and it shows he served with an infantry unit in Vietnam; however, it stated there was insufficient evidence to show he actively engaged in ground combat with his unit. He has provided additional evidence that confirms he was actively engaged in ground combat.
3. The applicant provides:
* Self-authored statement, dated 10 September 2012
* Two internet printouts from the website the "virtual wall," dated 19 June 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 ABCMR in Docket Number AR20110012270, on 1 December 2011.
2. The applicant provided two printouts from an internet site called the "virtual wall." These documents were not previously considered by the Board; therefore, they are considered new evidence that warrants consideration by the Board.
3. He was inducted into the Army of the United States on 16 February 1967. He held MOS 11C (Indirect Fire Infantryman). The highest rank/grade he attained while serving on active duty was specialist four (SPC)/E-4.
4. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam and he served with:
* Headquarters and Headquarters Company, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division from 7 July 1967 through 9 September 1967
* Company D, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division from 10 September 1967 to 18 September 1968
5. Item 41 (Awards and Decorations) of his DA Form 20 does not include an annotation showing he was entitled to the CIB. Additionally, his record is void of orders awarding him the CIB.
6. He was honorably released from active duty on 20 September 1968 as an overseas returnee.
7. He provided two printouts from an internet site called the "virtual wall" that lists the names of two Soldiers who were killed in action. These Soldiers served in Company D, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division, Vietnam during the period of the applicant's assignment (one killed in December 1967, the other in January 1968).
8. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant's infantry MOS and service with an infantry unit in Vietnam are not in question. However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was awarded the CIB or that he participated in active ground combat.
2. He provided two internet printouts from a website called the "virtual wall" that contains the names of two Soldiers from Company D, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division who were killed in action. While this evidence indicates he served in the same unit with the Soldiers who were killed in action, neither of these documents lists his name nor do they show he actively participated in active ground combat.
3. In the absence of orders or other documentary evidence such, as after action reports, operation orders, declassified staff duty officer journals, or other documents that conclusively show he actively participated in ground combat with his infantry unit, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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 AR20110012270, dated 1 December 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) AR20120019811
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ABCMR Record of Proceedings (cont) AR20120019811
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