IN THE CASE OF:
BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130005021
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 for award of the Combat Infantryman Badge (CIB).
2. He states he served as an infantryman in Vietnam with the 4th Infantry Division that was stationed in Pleiku. He was promoted to squad leader after one month in country and performed as the squad leader for the rest of his tour in the Republic of Vietnam (RVN). As the squad leader, he walked as the point position on many patrols, was involved in many long-range reconnaissance patrols, and was involved in numerous fire fights to defend his perimeter during his tour of duty.
3. He provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Army Commendation Certificate (ARCOM) and citation
* Numerous orders
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 AR20110022568, on 15 May 2012.
2. The applicant was inducted into the Army of the United States on 8 April 1968. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He served in the RVN from 4 September 1968 to 30 August 1969 and was assigned to Company D, 2nd Battalion, 35th Infantry Regiment, 4th Infantry Division.
3. The applicant's ARCOM certificate, citation, and numerous orders were not previously considered by the Board.
a. Headquarters U.S. Army Training Center, Infantry and Fort Polk, LA, Special Orders 186, dated 23 July 1968, show he qualified expert with the M-16 Rifle and First Class Gunner with the M-60 Machine Gun.
b. Headquarters U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 248, dated 4 September 1968, released him from his unit and reassigned him to the RVN.
c. His ARCOM certificate, dated 1 September 1969, and citation show he was awarded the ARCOM for distinguishing himself by exceptionally meritorious service in support of allied counterinsurgency operations in the RVN from September 1968 to September 1969.
4. There is no evidence to show that while the applicant was assigned to the 35th Infantry Regiment, 4th Infantry Division in the RVN, he participated in active ground combat.
5. 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 of brigade or smaller size 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. Although the evidence of record shows he served in an infantry MOS with an infantry unit of regimental size, there is insufficient evidence to show he was personally present and engaged in active ground combat with the enemy. His ARCOM certificate and citation without corroborating evidence are not sufficient evidence to conclude that he "personally served in active ground combat" and is entitled to award of the CIB.
2. As such, there is insufficient documentation with which to grant his request.
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 AR20110022568, dated 15 May 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.
ABCMR Record of Proceedings (cont) AR20130005021
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ABCMR Record of Proceedings (cont) AR20130005021
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