IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100024674 


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 previous application for correction of his record to show he was awarded the Combat Infantryman Badge (CIB).

2.  He states he would like to add a statement from Mr. T____ A____ who served with him in Vietnam.  It is his understanding that Mr. T____ A____ was awarded a CIB for his service during the period they both served in 1st Platoon, 1st Battalion, 506th Infantry, 101st Airborne Division.

3.  He provides a statement from Mr. T____ A____.

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 AR20090011200 on 10 November 2009.

2.  The applicant enlisted in the Regular Army on 26 January 1970.  Upon completion of initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty on 26 November 1971 after completing 1 year and 10 months of total active service.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned for duty in Vietnam with Headquarters and Headquarters Company, 2d Battalion (Airmobile), 506th Infantry, from 18 June to 25 October 1970.

4.  His record contains two orders issued by Headquarters, 101st Airborne Division (Airmobile), on 30 December 1970, both awarding him the Army Commendation Medal for the period 1 July to 30 November 1970.

	a.  General Orders 15278 show he was assigned to Company B, 1st Battalion, 506th Infantry.

	b.  General Orders 15292 show he was assigned to Headquarters and Headquarters Company, 2d Battalion, 506th Infantry.

5.  The record is void of orders assigning him to Company B, 1st Battalion, 506th Infantry.

6.  Mr. T____ A____ states he served with the applicant in Company B, 1st Battalion, 506th Infantry, and that the applicant came to the company in July 1970.  He states he and the applicant served together in the field for extended periods of time.  He does not make any statements indicating he and the applicant served in active ground combat.

7.  Mr. T____ A____'s military record is not available to the Board for review.

8.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the record is ambiguous with regard to which units the applicant was assigned in Vietnam, it appears he was assigned at some point to Company B, 1st Battalion, 506th Infantry, as indicated in Mr. T____ A____'s statement.

2.  His statement that Mr. T____ A____ received the CIB, even if confirmed by official records, is not evidence that his own service met the criteria for the CIB.

3.  The evidence of record shows the applicant served in an infantry company in an infantry MOS.  However, the evidence does not show he served in active ground combat during his service in Vietnam.  Without such evidence, there is no basis for award of the CIB.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090011200, dated 10 November 2009.



      ____________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)                                         AR20100024674



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ABCMR Record of Proceedings (cont)                                         AR20100024674



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