IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150004581 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 for award of the Combat Infantryman Badge (CIB). 2. The applicant states: a. While attached to Company D, 58th Infantry Regiment, in Vietnam, he was initially sent to Cam Ranh Bay in September 1971. He left there and was sent to Phu Tai. He was there approximately 3 months. He went on daily patrols and took sniper fire and mortar fire daily. After that he went to Pleiku and was there to guard the airstrip. He was there approximately 2 months. Again he went on daily patrols and took sniper fire and mortar fire daily. From there he stood down and went back to Cam Ranh Bay. When he was on patrol at both Phu Tai and Pleiku, he encountered Vietnamese and engaged in small arms fire. b. While serving in military occupational specialty (MOS) 11B (light weapons infantryman), the CIB was supposed to be applied for within 30 days of performing these duties. His captain would not have applied for the MOS change if he had not been performing the duties. This means everything to him. His integrity, time spent in a combat zone, and serving his country, to honor and protect. c. He feels he deserves this badge. d. He was an expert rifleman with the M-16 rifle and grenade thrower. 3. The applicant provides a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 23 February 2014 (should read 2015). 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 AR20130012375 on 6 March 2014. 2. The applicant's statement in support of his claim is new evidence that warrants consideration by the Board at this time. 3. The applicant was inducted into the Army of the United States on 12 April 1971. He completed his training and was awarded MOSs 43J (textile repairman) and 11B. 4. His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 11B while assigned to Company D, 58th Infantry Regiment, in Vietnam from 24 September 1971 to 12 May 1972. 5. On 11 April 1973, he was honorably released from active duty. 6. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 7. There are no orders for the CIB in the applicant's available records. 8. Item 41 (Awards and Decorations) of his DA Form 20 does not show the CIB as an authorized award. 9. On 6 March 2014, the ABCMR denied his request for award of the CIB. The ABCMR determined the evidence presented was insufficient to show he participated in active ground combat. 10. He provided a self-authored statement in support of a claim for VA benefits, dated 23 February 2014 (should read 2015), wherein he stated, in summary: a. He went on daily patrols and took sniper fire and mortar fire while attached to Company D, 58th Infantry Regiment, in Vietnam, and he encountered Vietnamese and engaged in small arms fire. b. The CIB was supposed to be applied for within 30 days of performing MOS 11B duties. His captain would not have changed his MOS if he had not been performing the duties. He feels he deserves this badge. 11. 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, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. 12. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB during the Vietnam era. Appendix V stated the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet does not show any unit awards for the 58th Infantry Regiment for combat action during his period of assignment. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions were carefully considered. The governing regulation for award of the CIB clearly established the CIB may be awarded to personnel who hold an infantry specialty. However, they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 2. Although he was awarded MOS 11B and was assigned to an infantry company in Vietnam from September 1971 to May 1972, there is no evidence showing he was assigned to this unit during such time as the unit was engaged in active ground combat and that he actively participated in such ground combat. 3. Based on the available evidence, he does not meet the eligibility criteria 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 AR20130012375, dated 6 March 2014. ____________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) AR20150004581 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004581 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1