IN THE CASE OF:	  

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140018341


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) decisions promulgated in Docket Numbers AR20090015805 and AR20100014520, dated 15 April and 30 November 2010, respectively.  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 has recently received copies of his team's mission reports that detail his service in the Republic of Vietnam.  These reports were previously misfiled; therefore, the Army could not locate them.  After writing again and again to different offices and agencies, they were finally located.  He has included those mission reports as evidence in support of his request.

3.  The applicant provides:

* a letter from the National Archives at College Park, Maryland, dated        21 April 2014
* Ranger Hawkeye After-Action Reports, dated 8 June 1970, 12 June 1970, 14 July 1970, 23 July 1970, and 26 September 1970
* a letter to his Member of Congress, dated 10 January 2012
* a letter from the ABCMR, dated 19 July 2012 


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 Numbers AR20090015805 and AR20100014520, dated 15 April and                 30 November 2010, respectively.

2.  The applicant provides Ranger Hawkeye After-Action Reports, dated 8 June 1970, 12 June 1970, 14 July 1970, 23 July 1970, and 26 September 1970, which were not previously considered by the Board.  Therefore, these reports are considered new evidence that warrants consideration by the Board.

3.  The applicant was inducted into the Army of the United States on 13 January 1969. Following the completion of his initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

4.  After completing the Noncommissioned Officer (NCO) Candidate Course at Fort Benning, Georgia, on or about  2 September 1969, he was promoted to the rank/grade of sergeant (SGT)/E-5 and awarded MOS 11F (Infantry Operations and Intelligence Specialist).  

5.  He served in the Republic of Vietnam from on or about 23 December 1969 through on or about 17 November 1970.  During this period he was assigned to:

	a.  Headquarters and Headquarters Company, 2nd Brigade, 4th Infantry Division as an Intelligence SGT from on or about 2 January 1970 through on or about 5 May 1970.

	b.  Company K (Ranger), 75th Infantry Regiment (Airborne), 4th Infantry Division, from on or about 6 May 1970 through on or about 27 October 1970 as an Assistant Team Leader, Team Leader, and Assistant Patrol Leader.

	c.  U.S. Army Hospital, Camp Zama, Japan, from on or about 28 October 1970 through on or about 17 November 1970.

6.  He was honorably released from active duty on 28 November 1970, at the completion of 1 year, 10 months, and 16 days of net active service, including 11 months and 6 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 7 June 2010, which amended his DD Form 214 for the period ending 28 November 1970 by deleting the Vietnam Service Medal and adding the following awards and decorations:

* Bronze Star Medal with 1st Oak Leaf Cluster
* Army Good Conduct Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Auto Rifle Bar
* 1 overseas service bar

8.  The applicant's record does not contain evidence showing he was awarded the CIB.  

9.  He provides Ranger Hawkeye After-Action Reports, dated 8 June 1970, 12 June 1970, 14 July 1970, 23 July 1970, and 26 September 1970, which were not previously considered by the Board.  Each of these After-Action Reports:

* is signed by the Commander, Company K (Ranger), 75th Infantry Regiment (Airborne)
* identifies the applicant as a leader in Ranger or Hawkeye Teams 13 (in most cases) or 12 (26 September 1970)
* intricately details the team's operations, movements to contact, and engagement with the enemy (with hand-drawn strip maps)

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 Combat Infantryman Badge 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 decisions 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.  The evidence or record shows he held an infantry MOS and was assigned to Company K (Ranger), 75th Infantry Regiment (Airborne).  

4.  He provides several After-Action Reports that document his actions while leading his Soldiers in Ranger or Hawkeye Teams 13 and 12.  Each report intricately details the team's operations, movements to contact, and engagement with the enemy.   

5.  Accordingly, there is sufficient evidence to show he engaged the enemy as an infantry Soldier assigned to an infantry unit of brigade, regimental, or smaller size.  Both the evidence of record and his provided evidence are sufficient to show he met the criteria for award of the Combat Infantryman Badge.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Numbers AR20090015805 and AR20100014520, dated 15 April and 30 November 2010, respectively.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge, for actions against the enemy between 8 June 1970 and 26 September 1970 and by amending his DD Form 214 to add the Combat Infantryman Badge.




      _____________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)                                         AR20140018341



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1