IN THE CASE OF:	  

		BOARD DATE:	  4 March 2010

		DOCKET NUMBER:  AR20090016493 


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 he served his country as a rifleman with the 2nd Battalion, 7th Cavalry Regiment, 1st Air Division, and his military occupational specialty (MOS) was 11B1O (light weapons infantryman) in the Republic of Vietnam.

3.  The applicant provides electronic mail addresses of two former fellow Soldiers.

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 AR20090000429 on 27 May 2009.

2.  The applicant's contention that he served his country as a rifleman with the 2nd Battalion, 7th Cavalry Regiment, 1st Air Division, is a new argument that will be considered by the Board.

3.  The applicant enlisted in the Regular Army on 29 August 1968.  At the completion of advanced individual training he was awarded MOS 11B.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam on 13 February 1969 as a rifleman with Company B, 1st Battalion, 7th Cavalry, 1st Cavalry Division.  It further shows he was reassigned to Company C, 2nd Battalion, 7th Cavalry, 1st Cavalry Division, on 26 February 1969 as a rifleman.

5.  His DA Form 20 does not list the CIB in item 41 (Awards and Decorations).  There are no orders in the applicant's personnel records which show he was awarded the CIB.

6.  The applicant departed the Republic of Vietnam in May 1969.

7.  The applicant was released from active duty on 17 April 1970.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show entitlement to award of the CIB.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons 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.  Additionally appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he served his country as a rifleman with the 2nd Battalion, 7th Cavalry Regiment, 1st Air Division, and his MOS was 11B1O in the Republic of Vietnam are noted.  The evidence of record confirm he served with both the 2nd Battalion and the 1st Battalion of the 7th Cavalry, 1st Cavalry Division, during his tour in Vietnam.

2.  To support award of the CIB, the applicant is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat and he must have actively participated in such ground combat.

3.  However, there is insufficient evidence to show the applicant was engaged in actual ground combat while assigned to his unit in Vietnam.  Therefore, there is insufficient evidence to show that the applicant has met all of the requirements 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090000429, dated 27 May 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)                                         AR20090016493



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ABCMR Record of Proceedings (cont)                                         AR20090016493



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