IN THE CASE OF:
BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140011109
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, as an exception to policy, reconsideration of his previous request for award of the Combat Infantryman Badge (CIB).
2. The applicant states that he is submitting additional information and would greatly appreciate consideration by the Board.
3. The applicant provides copies of three third-party statements and operation reports showing his unit was engaged in enemy operations during the period he was assigned to the unit.
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 AR20110000824, on 5 July 2011.
2. The applicant was inducted on 4 September 1968. He completed his basic training at Fort Knox, Kentucky and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 30 January 1969 for assignment to Company B, 2nd Battalion, 22nd Infantry Regiment. He was assigned to multiple positions which included that of a rifleman, grenadier, machine gunner, and assistant machine gunner.
3. He departed Vietnam on 29 January 1970 and was transferred to Fort Hood, Texas. On 12 March 1970, he verified that he had reviewed/audited his DA Form 20 (Enlisted Qualification Record).
4. On 3 September 1970, he was honorably released from active duty (REFRAD) in the pay grade of E-4. He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Vietnam Service Medal with two bronze service stars, Bronze Star Medal (for meritorious service), Republic of Vietnam Campaign Medal, National Defense Service Medal, and his marksmanship badges.
5. A review of the available records show the applicant was an infantryman assigned to an infantry unit in Vietnam and there is no evidence showing he was awarded the CIB or that he personally engaged the enemy in active ground combat.
6. The supporting third-party statements from members of his unit are dated
28 September 2012, 10 October 2012, and 19 March 2013 and all of the statements have one thing in common. They all attest to the fact that the applicant was a member of their unit during periods in which the unit engaged the enemy and that he should have been awarded the CIB. However, none of the individuals attest to the fact that they witnessed the applicant engaging the enemy.
7. The operation reports provided by the applicant shows the applicants unit was involved in enemy engagements during the period of his assignment; however, they do not indicate the applicant was involved in an enemy engagement.
8. 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 military occupational specialty. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. Announcement in orders is required.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been carefully considered and appear to lack merit. He had not provided evidence to show with any degree of certainty that anyone witnessed him engaging the enemy in combat. Unfortunately, not all infantrymen serving in Vietnam were awarded the CIB and the applicant now comes to the Board more than 40 years after the fact requesting that the Board award him the CIB based solely on his presence in an infantry unit in Vietnam.
2. While the sincerity of the applicants claim is not in doubt, the fact remains that the CIB is not a unit award. It is an individual award to infantryman assigned to an infantry unit who actually engaged the enemy in combat. The CIB is not issued to units but to individual infantryman based on their actual engagement in combat.
3. While there are instances in which large numbers of infantryman in an infantry unit are issued the CIB for their participation in ground combat with the enemy, the CIB has always remained an individual award that is based on individual actions in combat.
4. Unfortunately, there is no evidence to show that he was awarded the CIB or that he met all of the eligibility criteria for award of the CIB. Therefore, absent evidence to show he actually engaged the enemy in combat there appears to be no basis for granting his request.
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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110000824, dated 5 July 2011.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. 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) AR20140011109
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ABCMR Record of Proceedings (cont) AR20140011109
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