IN THE CASE OF
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130021531
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 the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20130001373, dated 13 August 2013, wherein he requested correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Combat Infantryman Badge (CIB).
2. The applicant states:
* he enlisted in the U.S. Army
* he held military occupational specialty (MOS) 11B (Light Weapons Infantryman) and he served as an infantryman and as a machine gunner
* he was assigned to the 3rd Battalion, 506th Infantry Regiment, effective 17 February 1970
* he engaged in combat with the 3rd Battalion, 506th Infantry Regiment; specifically, on Hill 474 and at Fire Support Base (FSB) Birmingham in the Republic of Vietnam and in Cambodia
* he participated in other operations as well; however, he cannot recall the names of those operations
3. The applicant provides:
* an internet article, titled "Unclassified Official Account of the 3-506 [3rd Battalion, 506th Infantry Regiment], Vietnam, 1970," which was printed from the 506th Infantry Regiment's organizational website
* several photographs that appear to have been taken with fellow Soldiers during his period of service in the Republic of Vietnam
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 AR20130001373, dated 13 August 2013.
2. The applicant provides an internet article that provides an historical account of his battalion's actions in the Republic of Vietnam, and several photographs taken during his period of service there. These items are considered new evidence not previously considered by the Board; therefore, this new evidence will now be considered by the Board.
3. On 25 August 1969, the applicant was inducted into the Army of the United States. His record contains his DD Form 47 (Record of Induction); however, it does not contain any documentation that shows he later enlisted following his entry by induction.
4. He completed his initial entry training and was awarded MOS 11B.
5. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 30 January 1970 through on or about 19 December 1970.
6. Special Orders Number 44, issued by Headquarters, 101st Airborne Division on 13 February 1970, show he was reassigned from Detachment 1, 101st Administrative Company (Airmobile), to Company A, 3rd Battalion (Airmobile), 506th Infantry Regiment, effective 18 February 1970.
7. His record shows he earned the Bronze Star Medal, the Army Commendation Medal, and the Air Medal during his service in the Republic of Vietnam; however, in each case, the corresponding orders reveal the Bronze Star Medal and Army Commendation Medal were awarded for meritorious service, and the Air Medal was awarded for meritorious achievement while participating in aerial flight. None of the corresponding orders attribute his receipt of the respective award to his participation in a ground combat engagement.
8. On 24 August 1971, he was honorably released from active duty. His DD Form 214 shows he was separated in the rank/pay grade of specialist four
(SP4)/E-4. He completed 2 years net active service, including 10 months and 20 days of foreign service. His DD Form 214 shows he was awarded the:
* Bronze Star Medal
* Army Commendation Medal
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
9. His record is void of orders that show he was awarded the CIB.
10. He provides:
a. An internet article, titled "Unclassified Official Account of the 3-506, Vietnam, 1970," which was printed from the 506th Infantry Regiment's organizational website. He is not specifically named in this account.
b. Several photographs that appear to have been taken with fellow Soldiers during his period of service in the Republic of Vietnam.
11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that the CIB is awarded to infantry officers, warrant officers, and enlisted Soldiers, possessing an infantry military occupational specialty, who actively participated in ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for reconsideration of the Board's previous decision, regarding his request for correction of his DD Form 214 to show he was awarded the CIB, was carefully considered.
2. The applicant's infantry MOS and assignment to an infantry unit during his service in the Republic of Vietnam are not in question. However, there is no evidence in the available record, and he did not provide definitive evidence, to substantiate his engagement in active ground combat while serving in the Republic of Vietnam.
3. Absent this evidence, there is an insufficient basis for reversing the decision previously reached by this Board.
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 AR20130001373, dated 13 August 2013.
___________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) AR20130021531
2
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