IN THE CASE OF: BOARD DATE: 27 September 2012 DOCKET NUMBER: AR20120004277 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 earlier request to correct his social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and to show award of the Combat Infantryman Badge (CIB). 2. The applicant states his previous Board Proceedings continue to show an incorrect SSN. In addition, he states he was awarded the CIB in Oakland, CA, after he departed the Republic of Vietnam on emergency leave to be with his dying mother in the hospital. He believes the rushed process of his emergency leave contributed to the CIB not being properly documented; however, the badge being in his possession is evidence of the award. 3. The applicant provides: * Self-authored statement * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Army Board for Correction of Military Records (ABCMR) Record of Proceedings 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 ABCMR in Docket Number AR20110010494, on 3 November 2011. 2. A review of the applicant’s Record of Proceedings for Docket Number AR20110010494, dated 3 November 2011, fails to show an error by the Board with regard to the applicant’s request to change his SSN. It appears a pen and ink correction was made to the proceedings which may or may not have been received by the applicant. Regardless, the applicant’s DD Form 215 clearly shows his SSN was corrected as a result of receiving his requested relief from the Board; therefore, this issue will not be further addressed in these proceedings. A copy of the DD Form 215 will again be provided to the applicant. 3. The applicant submitted an argument with regard to award of the CIB which was not previously considered by the Board; therefore, this is considered new evidence which warrants consideration by the Board. 4. The applicant was inducted into the Army of the United States on 18 June 1969. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 13 December 1969 to 30 January 1970. Item 38 (Record of Assignments) shows he was assigned to Company A, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division. 6. His service records do not contain orders awarding him the CIB. Additionally, item 41 (Awards and Decorations) of his DA Form 20 does not show award of the CIB. 7. On 6 February 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual) to complete his remaining service obligation. His DD Form 214 does not show award of the CIB. 8. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. DISCUSSION AND CONCLUSIONS: 1. The applicant's claim of entitlement to the CIB was carefully reconsidered. However, the available evidence does not support the applicant's request for correction of his DD Form 214 to show award of the CIB. 2. The available evidence shows the applicant was an infantryman assigned to an infantry unit of brigade, regimental or smaller size during his brief tour in the Republic of Vietnam. However, the evidence fails to show he served in active ground combat during this period of service. Without such evidence, there is an insufficient basis for correcting his DD Form 214 to show award of the CIB. 3. Despite the applicant’s claim that he received the badge upon redeployment, unfortunately, the badge and many other awards and decorations are available for purchase through various retailers. Therefore, in the absence of orders or other compelling evidence, his argument alone is not a valid reason for correcting his DD Form 214 to show award of the CIB. 4. Notwithstanding the applicant's service and sincerity the criteria for award of the CIB has not been satisfied in this case. 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110010494, dated 3 November 2011. _______ _ __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) AR20120004277 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120004277 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1