IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110002447 


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 request for award of the Combat Infantryman Badge (CIB) through his Member of Congress.

2.  He states his company was airlifted to the landing zone (LZ) on 10 August 1969.  He was on the thirteenth helicopter hanging out over the door when the helicopter swerved and he fell out and landed on the LZ.  He continues by describing a 4-day operation in which he was required to defend his position and members of his company from enemy attacks as they moved from one position to another in the jungles of Vietnam.  He states that if his memory serves him correctly, his company came into the operation with 126 men which required 26 helicopters to transport to the LZ and left with 6 helicopters 4 days later.

3.  He provides a self-authored statement and a photograph.

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 AR20100016594 on 29 December 2010.

2.  The applicant's self-authored statement describing a 4-day operation in which he maintains he engaged in active ground combat was not previously considered by the Board.

3.  His DA Form 20 (Enlisted Qualification Record) contains the following information:

* item 22 (Military Occupational Specialty (MOS)) – 11B (Light Weapons Infantryman)
* item 31 (Foreign Service) – Republic of Vietnam, 9 July 1969 through 6 March 1970
* item 38 (Record of Assignment) – 1st Battalion, 327th Infantry Regiment
* item 41 (Awards and Decorations) – no CIB

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the CIB.  His military service records do not contain any orders awarding him the CIB.

5.  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 of brigade or smaller size 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.  Although the evidence of record shows he served in an infantry MOS with an infantry unit of regimental size, there is no evidence he was personally present and engaged in active ground combat with the enemy.  Therefore, his self-authored statement without corroborating evidence is not sufficient to conclude he "served in active ground combat" or is entitled to award of the CIB.

2.  As such, there is insufficient documentation with which to grant his request.

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 AR20100016594, dated 29 December 2010.



      _________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)                                         AR20110002447



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ABCMR Record of Proceedings (cont)                                         AR20110002447



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