RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 December 2005
      DOCKET NUMBER:  AR20050006620


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard Sayre                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of an earlier
request for award of the Combat Infantryman Badge.

2.  The applicant states he was an infantryman in Vietnam with the 101st
Airborne Division for a short time.  However, on one occasion while out in
the bush and on patrol, he came under enemy rocket attack when a helicopter
landed to re-supply his unit.  He contends he actually went out to meet the
helicopter and it suddenly took off and a sergeant then said to him "looks
like you got your CIB [Combat Infantryman Badge] the easy way."  He goes on
to state that after he got out of the Army he requested his awards and
decorations and that he was sent a DD Form 215 (Correction to DD Form 214)
which added the Combat Infantryman Badge.  A year or so later he requested
a copy of the orders for the Combat Infantryman Badge and the records
center was unable to find the orders.  He states that a few people said his
unit was not actively engaged in combat at that time and the Combat
Infantryman Badge was deleted from his records.

3.  The applicant provides an eyewitness statement, dated 28 January 2005,
from a fellow Soldier at the time in question; and two DD Forms 215, dated
25 September 1986 and 24 January 1975.

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 AC98-
11950, on
3 December 1998.

2.  The applicant provided an eyewitness statement, dated 28 January 2005,
from a fellow Soldier at the time in question.  He attests that on or about
22 June 1971 in Vietnam, as a helicopter started to touch down, they began
receiving mortar fire from the enemy.  He contends the helicopter pilot
took off immediately and that the applicant was on site when they received
the mortar fire from the enemy.  He also contends that any combat infantry
Soldier that was assigned field duty in Vietnam should receive the Combat
Infantryman Badge.

3.  The applicant's submission is new evidence which will be considered by
the Board.

4.  The applicant enlisted on 5 November 1969 for a period of 3 years.  He
was awarded military occupational specialty (MOS) 11B (light weapons
infantryman). He arrived in Vietnam on 2 May 1971.  He served in MOS 11B
assigned to Company A, 1st Battalion, 327th Infantry in Vietnam from 12
June 1971 until he was transferred on 19 July 1971 to the Army hospital,
Ryukyu Islands, because of asthma.  On 14 March 1972, the applicant was
honorably discharged by reason of physical disability.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the
Vietnam Service Medal and the National Defense Service Medal as authorized
awards.

6.  There are no orders for the Combat Infantryman Badge in the applicant's
service personnel records.

7.  A DD Form 215, dated 24 January 1975, amended the applicant's DD Form
214 to show the Vietnam Service Medal with one bronze service star, the
Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the Sharpshooter Marksmanship Qualification Badge with
Machinegun Bar and Automatic Rifle Bar, and the Expert Marksmanship
Qualification Badge with Pistol Bar.

8.  On 1 April 1986, in response to the applicant's request for orders for
the Combat Infantryman Badge, the Military Awards Branch, U.S. Army
Military Personnel Center determined the applicant was not entitled to
award of the Combat Infantryman Badge and that the Combat Infantryman Badge
had been erroneously added to his DD Form 214.  That office contacted the
applicant's former platoon leader and the platoon leader reported that the
applicant's unit was not actively engaged in combat while he was assigned
to it.  The Military Awards Branch requested that the Combat Infantryman
Badge be deleted from the applicant's military records.  As a result, a DD
Form 215, dated 25 September 1986, deleted the Combat Infantryman Badge
from the applicant's DD Form 214.
9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge 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.  The Awards Branch of
the U.S. Army Human Resources Command has advised, in similar cases, that
during the Vietnam era the Combat Infantryman Badge was awarded only to
enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.




DISCUSSION AND CONCLUSIONS:

Although the applicant held an infantry MOS and was assigned to an infantry
company for one month in Vietnam, there is no evidence of record which
shows that he served in active ground combat in Vietnam.  To the contrary,
and since the applicant's former platoon leader reported that his unit was
not actively engaged in combat during the month the applicant was assigned
to it, the eyewitness statement provided by the applicant is not sufficient
as a basis for award of the Combat Infantryman Badge.  Therefore, there is
insufficient evidence on which to base award of the Combat Infantryman
Badge in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JM_____  ML______  _RS_____  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 AC98-11950, dated 3 December 1998.




            ___John Meixell_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006620                           |
|SUFFIX                  |                                        |
|RECON                   |19981203                                |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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