IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150000492
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 earlier request for award of the Combat Infantryman Badge (CIB).
2. The applicant states:
* he held military occupational specialty 11B (Light Weapons Infantryman) and he was assigned to an infantry unit in Vietnam
* he also served as a squad leader within Command and Control North, a highly classified assignment/special forces unit
* he was an active participant in a highly classified military operation in which he sustained direct small arms fire engaging the enemy
* it is possible the classified nature of his operation may have led the Board to reach the wrong conclusion
* his service as an 11B and as a squad leader in Vietnam should be sufficient to award him the Combat Infantryman Badge
* he did not place emphasis on this badge at the time because, like many others, he simply wanted to go home
3. The applicant does not provide any additional evidence.
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 AR20140005241, on 12 November 2014.
2. The applicant provides a new argument which was not previously considered by the Board. This new argument warrants consideration by the Board.
3. The applicant enlisted in the Regular Army on 27 December 1968. He completed basic combat and advanced individual training and he was awarded MOS 05B (Radio Telephone Operator). He also completed airborne training and Special Forces communications training.
4. Following training, he served in Vietnam from 12 February 1970 to 29 December 1970. He was assigned as follows:
* from 21 February to 28 August 1970, in MOS 72B (Communications Center Specialist), 45th Support Group
* from 29 August 1970 to 3 September 1970, in MOS 05B as a Radio Operator, Military Assistance Command Vietnam (MACV), Studies and Operations Augmentation (SOA), Command and Control - North (CCN) 5th SF Group (Airborne)
* from 5 September to 28 December 1970, in MOS 11B, SOA (CCN), 5th SF Group (Airborne)
5. General Orders Number 63 issued by Headquarters, 5th SF Group (Airborne) on 15 January 1971 awarded him the Bronze Star Medal for meritorious service from February to December 1970.
6. He was honorably released from active duty on 9 November 1971. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list the Combat Infantryman Badge as an authorized award.
7. 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 MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The applicant held an infantry MOS and served with an infantry or an SF unit in Vietnam. He was also awarded the Bronze Star Medal for meritorious service. In order to qualify for the Combat Infantryman Badge, there must be evidence that shows he was personally present and under fire while serving in an assigned primary MOS duty as a member of his infantry unit while his unit participated in ground combat. There is none in this case.
2. In the absence of additional documentary evidence such as after action reports, operations orders, morning reports, intelligence estimates, and/or officer staff duty logs confirming that he was personally present when his unit had engaged or was engaged by the enemy, regretfully, there is insufficient evidence to support awarding him the Combat Infantryman Badge.
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 AR20130014046, dated 1 April 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) AR20150000492
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ABCMR Record of Proceedings (cont) AR20150000492
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