ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 June 2019 DOCKET NUMBER: AR20180016861 APPLICANT REQUESTS: Reconsideration of his previous request for award of the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * letter, X____ X____, undated * letter, X____ X X____, dated 23 October 2018 * General Orders Number 77, Headquarters, 1st Cavalry Division (Airmobile), Vietnam, dated 6 January 1967 * Special Orders Number 49, Headquarters, 1st Cavalry Division (Airmobile), Vietnam, dated 18 February 1967 * Air Medal Citation, for period July 1966 through December 1966, undated * DD Form 256A (Honorable Discharge Certificate), dated 21 April 1971 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) FACTS: 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 AR20170000185 on 15 August 2018. 2. The applicant has provided new documentary evidence and new arguments that were not previously considered by the Board, which merit consideration at this time. 3. He states: a. The award of the CIB was not granted and should be awarded to him. He feels it was an error because he was on leave when the order was published. The names of many wounded and dead were also left off the orders. b. Buddy statements from two Soldiers who served in his unit indicate they received the CIB. c. General Orders Number 77, dated 6 January 1967, awarded him the Air Medal and orders dated 18 February 1967 awarded other Soldiers in his unit who served with him the CIB. 4. On 22 April 1965, he was inducted into the Army of the United States and he served in Vietnam from 6 June 1966 through 9 December 1966. 5. He provided General Orders Number 77, 1st Cavalry Division (Airmobile), Vietnam, awarding him the Air Medal for meritorious achievement while participating in aerial flight during the period July 1966 through December 1966 while assigned to 1st Squadron, 9th Cavalry. 6. He provided Special Orders Number 49, 1st Cavalry Division (Airmobile), Vietnam, dated 18 February 1967, showing Soldiers of Troop D, 1st Squadron, 9th Cavalry, who were awarded the CIB. His name is not shown on these orders. 7. On 26 January 1967, he was released from active duty by reason of hardship and transferred to control of the US. Army Reserve Control Group (Annual Training). Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB. 8. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows: a. his military occupational specialty (MOS) as 11D (Armor Reconnaissance Specialist); b. his principle duty as Armor Intelligence Specialist; and c. his organization and station or theater as Troop D, 1st Squadron, 9th Cavalry, Vietnam. 9. He provided an undated buddy statement from X____ X____, who describes the applicant as having already been attached to the reconnaissance unit when he was attached and having been assigned as one of two point men. a. D Troop did not always engage the enemy when it went out, but did engage the enemy six to eight times a month. He recounts details of a mission in November 1966 in which they engaged the enemy over a two day period. b. The orders for the CIB were written in February 1967, but the applicant had already gone home on emergency leave and never returned. 10. He provided a buddy statement from X____ X. X____, dated 23 October 2018, describing D Troop as part of three other troops in the battalion-sized unit. D Troop was a wheeled vehicle mounted unit. a. D Troop performed reconnaissance and surveillance, convoy security, and engaged the enemy. b. The applicant was with him during a 2-day engagement with the enemy during which two of their Soldiers were killed and four were wounded. 11. On 15 August 2018, the Army Board for Correction of Military Records denied his application for the CIB. The Board found that although the evidence of record shows he served in an infantry MOS while assigned to a cavalry unit during his tour of duty in Vietnam, his record is void of any evidence that shows he was personally present and participated with the unit while it was engaged in active ground combat with enemy forces. 12. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry or Special Forces officers and enlisted and warrant officer persons who have an infantry or special forces MOS. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special-forces unit of brigade, regimental, or smaller size. Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or special-forces primary duty in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. Personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances. BOARD DISCUSSION: After review of the application and all evidence, the Board determined that there is sufficient evidence to grant relief and amend the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20170000185 on 15 August 2018. After reviewing the Record of Proceedings and all supporting documents, the Board determined that evidence supports awarding of the CIB to the applicant based upon witnesses who were with the applicant in Vietnam who attest to the fact that the applicant engaged the enemy during the heat of battle, they received their CIBs on block orders, but the applicant departed before the orders were published. The Board agreed that it would be an injustice to withhold the CIB based on a technical/administrative omission of the applicant from the orders only due to his absence at the time when the orders were prepared. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: After review of the application and all evidence, and in addition to the administrative notes below the signature, the Board determined that there is sufficient evidence to grant relief and amend ABCMR's decision in Docket Number AR20170000185 on 15 August 2018. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding and adding the CIB to the applicant’s records. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the CIB is awarded to infantry or Special Forces officers and enlisted and warrant officer persons who have an infantry or special forces MOS. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special-forces unit of brigade, regimental, or smaller size. Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or special-forces primary duty in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. Personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180016861 5 1