IN THE CASE OF:	

		BOARD DATE:	        18 AUGUST 2009

		DOCKET NUMBER:  AR20090001366 


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, through his representative, requests reconsideration for award of the Combat Infantryman Badge (CIB).

2.  The applicant provides a certificate of service and a copy of his Bronze Star Medal (BSM) orders.

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 AR20080014422 on 12 November 2008.

2.  The Board denied the applicant's request for award of the CIB citing that there was no evidence to show that he was personally present and under hostile fire while serving in his infantry unit.

3.  The applicant’s original packet does not show the Republic of Vietnam Certificate of Service.  This certificate, provided by the applicant, certifies that he served in combat with the "No Slack" battalion, the 2nd Battalion, 327th Infantry, 101st Airborne Division, from 29 June 1969 to 26 June 1970.

4.  Additionally, General Orders Number 4731, dated 28 April 1970, contained in the applicant's personnel file show that he was awarded the BSM for meritorious service in connection with ground operations against a hostile force from 1 July 1969 to 30 April 1970.

DISCUSSION AND CONCLUSIONS:

1.  The Republic of Vietnam Certificate of Service and BSM without corroborating evidence are not sufficient evidence to conclude that he "personally served in active ground combat" and is entitled to award of the CIB.

2.  As such, there is insufficient documentation with which to grant the applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____XX____  ____XX____  ____XX____  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 AR20080014422, dated 12 November 2008.



      _________XXX________________
                 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)                                         AR20090001366



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ABCMR Record of Proceedings (cont)                                         AR20090001366



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