IN THE CASE OF: BOARD DATE: 18 September 2020 DOCKET NUMBER: AR20200001441 APPLICANT REQUESTS: in effect, reconsideration of his previous request for: * award of the the Combat Infantryman Badge (CIB) for his service in Vietnam during the period October 1968 through October 1969 * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 June 1970 to show award of the CIB APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Photograph, Applicant * Email, Congressional Inquiry, dated 2 October 2019 REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The Army Board for Correction of Military Records (ABCMR) begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties. Paragraph 96 (CIB) stated: a. An individual must be an infantry officer in the grade of colonel or below, or an enlisted man or a warrant officer with infantry military occupational specialty (MOS), who subsequent to 6 December 1941 has satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. b. Battle participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. 3. Army Regulation 600-8-22 (Military Awards), currently in effect, prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 8-6 (CIB) states for award of the CIB a Soldier must meet the following three requirements: (1) be an infantryman satisfactorily performing infantry duties, (2) be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and (3) actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. b. The definition of the requirement to be "engaged in active ground combat" has generated much dialogue over the years as to the original intent of the CIB. The intent has been clarified over time as being personally present, under fire, and engaging in action against the enemy in ground forces combat. It is not awarded for battle participation credit. FACTS: 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 AR20160015983 on 13 February 2018. 2. The applicant states he earned the CIB while serving in Vietnam during the period October 1968 through October 1969. The CIB was not added to his DD Form 214 the same as it was for other infantrymen assigned to Company B, 2d Battalion, 18th Infantry Regiment. The "buddy letter" shows the names of the men that he served with. His unit fought out of Thu Duc, a water plant along highway 13. 3. The photograph of himself in his military uniform shows he is wearing the CIB. He noted there is information about his unit during October 1968 through 1969. His unit also worked with the 1st Cavalry Division helicopter groups, trucks, and boats. Other members of his unit recall his service. Another member of his unit did earn the CIB and other medals. 4. He was inducted into the Army of the United States on 3 June 1968. 5. Headquarters, U.S. Army Training Center, Infantry, and Fort Lewis, Special Orders Number 253, dated 10 September 1968, awarded him military occupational specialty (MOS) 11B (Light Weapons Infantryman) effective 4 October 1968. 6. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company B, 2d Battalion, 18th Infantry Regiment, 1st Infantry Division, U.S. Army Pacific, in duty MOS 11B with the principle duty of rifleman. 7. While assigned to Company B, 2d Battalion, 18th Infantry Regiment, he received nonjudicial punishment on 10 April 1969 for sleeping on his post at Thu Duc Water Plant, Vietnam, on or about 2345 hours, 9 April 1969. His punishment consisted of a reduction in rank/grade to private/E-2, suspended for 30 days, and 14 days of extra duty. 8. Headquarters, 1st Infantry Division, General Orders Number 10201, dated 8 September 1969, awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 8 December 1968 to 27 February 1969. 9. Headquarters, 1st Infantry Division, General Orders Number 10202, dated 8 September 1969, awarded him the Air Medal (1st Oak Leaf Cluster) for meritorious achievement while participating in aerial flight during the period 28 February 1969 to 15 May 1969. 10. Headquarters, 1st Infantry Division, General Orders Number 10736, dated 16 September 1969, awarded him the Army Commendation Medal for meritorious service during the period October 1968 through October 1969. 11. His DA Form 20 shows he received overseas tour credit for service in Vietnam from 25 October 1968 through 12 October 1969. Item 38 (Record of Assignments) is void of conduct ratings subsequent to basic combat training. 12. His records are void of orders awarding him the CIB. 13. On 2 June 1970, he was honorably released from active duty. He completed 2 years of active service, including 11 months and 18 days of foreign service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) 14. On 6 November 2008, the ABCMR denied his request for the award of the CIB. The Board determined there was no evidence conclusively showing his unit in Vietnam engaged in active ground combat during his assignment and that he was personally present and engaged in such ground combat. 15. The letter from his friend and former "battle buddy," dated 19 February 2009, describes combat engagements he and the applicant were involved in while assigned to Company B, 2d Battalion, 18th Infantry Regiment, in Vietnam. 16. On 13 February 2018, the ABCMR again denied his request for award of the CIB. The Board determined that although he served in Vietnam in an infantry MOS, the fact that other Soldiers were awarded the CIB does not automatically qualify him for this badge. In the absence of orders, appropriate evidence such as a declassified operation order, after action report, or other documentary evidence to show he was personally present and actively participated in ground combat with an infantry unit or infantry platoon during such time as the unit was engaged in active ground combat is needed to satisfy eligibility requirements for award of the CIB. 17. His DD Form 215 (Correction to DD Form 214), dated 29 April 2018, corrected his DD Form 214 for the period ending 2 June 1970 by adding the following awards: * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M16) * Air Medal with Numeral 2 * Army Commendation Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Action Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) and Machine Gun Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M16) BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 2. The Board concurred with the previous Board's determination that, although he served in Vietnam in an infantry MOS, the fact that other Soldiers were awarded the CIB does not automatically qualify him for this badge. In the absence of orders, appropriate evidence such as a declassified operation order, after action report, or other documentary evidence to show he was personally present and actively participated in ground combat with an infantry unit or infantry platoon during such time as the unit was engaged in active ground combat is needed to satisfy eligibility requirements for award of the CIB. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX 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 AR20160015983, dated 13 February 2018. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001441 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1