BOARD DATE: 26 May 2015
DOCKET NUMBER: AR20140017272
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 a portion of the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20130012491, dated 11 March 2014. Specifically, he requests 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 slogged around the Mekong Delta with Company E, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division for several months, virtually non-stop as a rifleman in military occupational specialty (MOS) 11B (Light Weapons Infantryman). He engaged the enemy more times than he cares to remember before he was transferred to the company headquarters. For his efforts, he was awarded the Certificate of Combat Service by the Commanding General of the 9th Infantry Division, which should be sufficient to confirm his engagement in active ground combat.
3. The applicant provides an undated Certificate of Combat Service from the Commanding General, 9th Infantry Division.
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 AR20130012491, dated 11 March 2014.
2. The applicant provides an undated Certificate of Combat Service from the Commanding General, 9th Infantry Division. This item is considered new evidence that warrants consideration by the Board.
3. The applicant was inducted into the Army of the United States on 1 May 1967. Following the completion of his initial entry training, he was awarded MOS 11B.
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 24 September 1967 through on or about 20 September 1968.
5. He was promoted to the rank/grade of sergeant (SGT)/E-5 effective 17 September 1968.
6. He was honorably released from active duty on 30 April 1969, at the completion of 2 years of net active service, including 11 months and 27 days of foreign service. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).
7. A DD Form 215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty) was produced on 24 April 2014, which amended his DD Form 214, for the period ending 30 April 1969, by deleting the Vietnam Service Medal and adding the following awards and decorations:
* Army Good Conduct Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
8. His record is void of any documentation that shows he was awarded the CIB.
9. He provides an undated Certificate of Combat Service from the Commanding General, 9th Infantry Division, which acknowledged his service with the 9th Infantry Division in armed conflict against insurgent forces in the Republic of Vietnam.
10. 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 MOS, 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 record does not contain evidence he was awarded the CIB. To be awarded the CIB, a Soldier must have an infantry MOS, must be assigned or attached to an infantry unit of brigade, regimental, or smaller size, and must actively participate in ground combat while assigned to such a unit.
3. His infantry MOS and assignment to an infantry unit during his service in Vietnam are not in question; however, his record is void of documentation that substantiates his engagement in active ground combat while serving in Vietnam.
4. He contends he engaged the enemy more times than he cares to remember during his period of service in Vietnam. To substantiate his contention, he provides an undated Certificate of Combat Service from the Commanding General, 9th Infantry Division, which acknowledged his service with the 9th Infantry Division in armed conflict against insurgent forces in the Republic of Vietnam.
5. Unfortunately, the provided certificate lacks specificity, and by itself, is insufficient to prove he engaged in active ground combat on at least one occasion. Without definitive evidence that shows he was present and engaged the enemy on at least one occasion, such as a statement by a member of his chain of command, 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 AR20130012491, dated 11 March 2014.
___________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) AR20140017272
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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The applicant provides copies of: * May/June 2012 issue of the Vietnam Veterans of America Magazine, page 41 * 1st Cavalry Division Vietnam Combat Certificate * letter from the applicant to this Board, dated 15 August 2011 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DA Form 20 (Enlisted Qualification Record), pages 2, 3, and 4 * Operational Report, 1st Cavalry Division, for the period ending 30 April 1970, dated 12 November 1970 * 5th Battalion, 7th...
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I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. By regulation, in order to qualify for the CIB, a soldier must be an infantryman with an infantry MOS; a member of an infantry unit, of brigade, regimental or smaller size; and be personally present and actively participate in ground combat with the unit while it is engaged in action against the enemy. That...
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