ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  10 May 2019

	DOCKET NUMBER:  AR20190000378


APPLICANT REQUESTS:  Reconsideration of his previous request for the award of the Combat Infantryman Badge (CIB).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* Veteran Service Officer Letter in Lieu of DD Form 149 (Application for Correction of Military Record), dated 8 October 2018
* applicant letter, dated 1 December 2014
* letter, 560th Military Police Company, Vietnam, dated 27 October 1967
* five pages of photographs of Soldiers and scenes containing military equipment, ships, and scenery, dated January 1968 and March 1968

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 AR20130010913 on 25 February 2014.

2.  The applicant has provided new documentary evidence and new statements that were not previously considered by the Board, which merit consideration at this time.

3.  The applicant states:

	a.  He appeals the previous decision regarding his request for the CIB as he was sure it was an oversight.  There were two important facts that were not addressed in the response.

	b.  He was assigned to Company B, 4th Infantry Division, and was stationed outside of Pleiku, Vietnam.  He was in combat during this time and involved in fire fights.

	c.  He was in Saigon during the Tet Offensive and was responsible for guarding ships with the 560th Military Police Company.  He would board at the port and take tug boats up the Saigon River transporting ammo and supplies and encounter enemy fire.

4.  On 21 February 1967, he was inducted into the Army of the United States.

5.  Special Orders Number 141, Headquarters, U.S. Army Training Center (AD) Fort Bliss, TX, released him from Basic Combat Training and assigned him to Headquarters, Fourth U.S. Army, Fort Sam Houston, TX, for Army Individual Training.  His Military Occupational Specialty (MOS) was shown as 11B (Infantryman).

6.  The DA form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service), he served in Vietnam from 22 August 1967 through 15 August 1968.

	b.  Item 38 (Record of Assignments), the effective date, duty MOS, principal duty, and organization and station or theater of units he was assigned during his deployment to Vietnam:

* 7 September 1967 through 21 October 1967, 11B (Rifleman), Rifleman, Company B, 3d Battalion, 12th Infantry Regiment, 4th Infantry Division, Vietnam
* 22 October 1967 through 26 October 1967, 11B, Rifleman, Company D, 87th Infantry, Vietnam
* 27 October 1967 through 19 February 1968, 11B, Security Guard, 560th Military Police Company, Vietnam
* 20 February 1968 through 11 August 1968, 11B, Automatic Rifleman, Company C, 87th Infantry. Vietnam

7.  He provided a letter from his unit, 560th Military Police Company, dated 27 October 1967, to his wife, describing his unit duties.  It stated, in part:

	a.  "[Applicant's] normal duty begins around three o'clock in the morning when he is issued an M-16 rifle, M-179 grenade launcher, flack vest, and portable radio.  Then he is sent into Vung Tau [Vietnam] harbor along with one other team member and they immediately begin to provide security for that ship.  His tour of duty ceases only after that ship returns to Vung Tau harbor.  These trips last anywhere from three to thirty days."

	b.  "Rest assured that your husband is serving with the finest Military Police Company in Vietnam.  The 560th has the proud distinction of being the first Military Police Company in Vietnam and has also served proudly in Korea during the Korea conflict."

8.  He provided 25 photographs, dated January 1968 and March 1968, depicting military equipment, Soldiers, ships, and port operations.

9.  On 20 February 1969, he was released from active duty and transferred to control of the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the CIB.

10.  His records contain no orders showing award of the CIB.

11.  There is no evidence contained in his record showing he engaged the enemy during active ground combat.

12.  On 25 February 2014, the Army Board for Correction of Military Records denied his application for the CIB.  

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated personnel with assigned an assigned primary duty of security guard were not eligible for award of the CIB.

14.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  A Soldier must meet the following three requirements for award of the CIB:

	a.  be an infantryman satisfactorily performing infantry duties,

	b.  be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and

	c.  actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.

BOARD DISCUSSION:

1.  The Board reviewed the application, the applicant’s statement, supporting documents and the evidence contained in the records.  The Board noted that the applicant was awarded MOS 11B (Infantryman) and that he was assigned to Infantry units as well as a Military Police Company.  The additional evidence he provided referred to his assignment as a Security Guard with the 560th MP Company.  There is no evidence in the record, nor did the applicant provide any, to show that he was engaged in active ground combat while assigned to an infantry unit.

2.  After reviewing the application and all supporting documents, the Board found the relief was not warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 for correction of the records of the individual concerned.



	 
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:

1.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated personnel with assigned an assigned primary duty of security guard were not eligible for award of the CIB.

2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  A Soldier must meet the following three requirements for award of the CIB:

	a.  be an infantryman satisfactorily performing infantry duties,

	b.  be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and

	c.  actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB


ABCMR Record of Proceedings (cont)	 AR20190000378


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