IN THE CASE OF:	  

		BOARD DATE:	  20 April 2010 

		DOCKET NUMBER:  AR20090015292 


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 request for award of the Combat Infantryman Badge (CIB).

2.  The applicant states he is providing documentation showing he served as an infantryman in live combat with the enemy in South Vietnam and was wounded during one such encounter.

3.  The applicant submitted copies of two eyewitness statements, a newspaper article, and a picture in support of this application.

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 AR20080011103 on 4 September 2008.

2.  The applicant provided copies of two eyewitness statements, a newspaper article, and a picture which are considered new evidence and merit consideration by the Board.

3.  As noted in the Board's original proceedings, the applicant's available records show he held an infantry military occupational specialty and was assigned to the 3rd Battalion, 21st Infantry Regiment, in the Republic of Vietnam (RVN) from 14 November 1968 to 28 May 1969.  However, there are no orders to show he was awarded the CIB.

4.  The eye witness statements are from former Soldiers who state they served with the applicant in the RVN.  The statement from T____ B____ says they were assigned to the 3rd Battalion, 21st Infantry Regiment, but to different platoons and the applicant was a radio operator.  The statement from L____ G____ says he served in the 3rd Battalion, 21st Infantry Regiment, and is sure he served with the applicant in ground combat.

5.  The newspaper article, dated 25 February 1969, states that the 21st Infantry Regiment's camp was engaged in a fight on an unknown date which they believe was started by an enemy platoon.

6.  The photograph provided by the applicant shows a Soldier in field conditions.

DISCUSSION AND CONCLUSIONS:

Witness statements, by themselves, are not sufficient evidence upon which to base a correction of the applicant's records.  Although the witness statements confirm the applicant's assignment to the 3rd Battalion, 21st Infantry Regiment, and the newspaper article confirms the 21st Infantry Regiment's participation in a fight with an enemy platoon, neither show the applicant was engaged in active ground combat while serving with his unit.  Regrettably, there is insufficient evidence on which to base 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20080011103 on 4 September 2008.



      _________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)                                         AR20090015292



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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