IN THE CASE OF:
BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130007770
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 was directly involved in combat with hostile forces in the Republic of Vietnam (RVN). He offers that his military occupational specialty (MOS) was 11B (Light Weapons Infantryman). He maintains he operated as part of the 1st Brigade, 5th Infantry Division.
3. He provides a statement of support and articles from the "Northernmost" publication.
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 AR20120001587, on 5 July 2012.
2. The applicant enlisted in the Regular Army on 17 March 1969 and he was trained in and held MOS 11B. He served in the RVN from 24 August 1970 to
7 March 1971 and was assigned to Troop A, 3rd Squadron, 5th Cavalry, 9th Infantry Division.
3. The applicant's statement of support and articles from the "Northernmost" were not previously considered by the Board.
a. In a supporting statement, the author said that he served as the Squadron S3 Operations Officer from July to November 1970 and as the A Troop Commander from November 1970 to March 1971. He added that the applicant was assigned to A Troop, 3rd Squadron, 5th Cavalry, 9th Infantry Division, but was permanently attached to the 1st Brigade, 5th Infantry Division (Mechanized). He said during the period he commanded A Troop, they continuously conducted combat operations in the northern and western Quang Tri Province, RVN. He recalled two specific instances that the applicant came under enemy direct and indirect fire. He opined by virtue of the applicant's MOS, the length of time he served in that MOS, and the fact that he came under enemy fire, he was fully qualified to receive the CIB.
b. The "Nothernmost" publication, dated Fall 1970, was an authorized publication of the 1st Brigade, 5th Infantry Division (Mechanized). It was published for the benefit of all members of the Brigade in Vietnam. The publication contained an article on the 3rd Squadron, 5th Cavalry. The applicant highlighted the portion that stated "The unit originally arrived in Vietnam as part of the 9th Infantry Division, but on 24 February 1969 the 1st Brigade, 5th Infantry Division (Mechanized) was assigned operational control of the squadron."
4. 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. While there is no reason to doubt the veracity of the statement provided by his former commander, such individual statements are acceptable only where corroborating evidence is available from official sources. Given the regulatory burden of proof required to establish entitlement to the CIB and lacking any independent evidence or evidence of record that confirms the applicant actually participated in ground combat, it is concluded that relief is not warranted in his case.
2. Further, the article contained in the Northernmost is not sufficient evidence to conclude that he was personally present and actively participated in ground combat. Therefore, the overall merits of the case, including the supporting statement and the article from the publication, are insufficient as a basis to reverse the previous decision.
3. The applicant and all others should know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. 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 AR20120001587, dated 5 July 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) AR20130007770
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ABCMR Record of Proceedings (cont) AR20130007770
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