RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         26 September 2006
      DOCKET NUMBER:  AR20060001756


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla J. N. Troup             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |Member               |

      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 his request to be
awarded the Combat Infantryman Badge (CIB) and Air Medal (AM).

2.  The applicant states, in effect, that he served with the 9th Infantry
Division and 101st Airborne Division while in the Republic of Vietnam
(RVN), and that he personally participated in combat with his units during
this period.

3.  The applicant provides a self-authored statement and a Department of
Veterans Affairs Service Office Letter with casualty identification
information as new evidence in support of his reconsideration request.

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
AR20050003184 on 14 December 2005.

2.  The applicant was advised in the original Record of Proceedings that
his records failed to show he was entitled to, or awarded the AM by proper
authority while he was serving on active duty, and as a result, his request
for this award would have to be submitted through a Member of Congress
under the provisions of Title 10 of the United States Code, Section 1130,
and he was provided the application procedures in a letter, dated 13
December 2005.  There is no indication that the applicant has exhausted
this administrative remedy, which is necessary prior consideration of this
issue by the Board.  The applicant is advised that if he wishes the ABCMR
to consider this issue, he must first exhaust this administrative remedy.
Therefore, his request for the AM will not be addressed further in this
Record of Proceedings.

3.  The applicant provides a statement as new evidence in support of his
request for the CIB.  He claims that upon his arrival in the RVN on 20
January 1970, he was assigned to the 2nd Battalion, 47th Infantry, as a
replacement for Soldiers who were killed or injured the day before.  He
states that the first night, he was sent out on a combat operation with his
squad to set up a night ambush.  He further outlines a combat operation he
participated in with his unit in the around the third week of February
1970, and he provides the name of the unit medical corpsman who was killed
in action in this operation in a document he submitted with his statement.
This individuals name does appear on the Vietnam Casualty Roster and was
reported killed in action on 11 February 1970.
4.  The applicant claims that he walked point for his unit between February
and May 1970, while they were conducting battalion combat operations out of

Ben Fuc, RVN, which included incursions into Cambodia.  The applicant
states that based on his combat experiences in the RVN, he still has
nightmares and flashbacks, and outbursts of anger.

5.  The applicant's Enlisted Qualification Record (DA Form 20) confirms he
served in the RVN from 20 January 1970 through 11 December 1970, and that
during this tour of duty, he was assigned to the 2nd Battalion, 47th
Infantry Regiment through 11 September 1970, performing duties in military
occupational specialty (MOS) 11B (Infantryman) as a light weapons
infantryman.  It also shows he was assigned to the 3rd Battalion, 506th
Infantry Regiment from
12 September through 9 December 1970, performing duties in MOS 11B as a
rifleman.  .

6.  As indicated in the original Record of Proceedings, the 2nd battalion,
47th Infantry Regiment, was awarded the Valorous Unit Award (VUA) for the
period
1 May through 29 June 1970, during the applicant's tenure of assignment.
Unit history documents confirm the 2nd Battalion, 47th Infantry Regiment
were key players in three of the 9th Infantry Divisions biggest
achievements in the RVN.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 7-14 contains guidance on the Valorous Unit Award.  It
indicates that the VUA may be awarded to units for extraordinary heroism in
action against an armed enemy.  It states, in pertinent part, that to
qualify for the VUA, a unit must have performed with marked distinction
under difficult and hazardous conditions in accomplishing its mission so as
to set it apart from and above other units participating in the same
conflict.  The degree of heroism required is the same as that which would
warrant award of the Silver Star to an individual.  Extended periods of
combat duty or participation in a large number of operational missions,
either ground or air, is not sufficient.  A unit will normally be earned by
units which have participated in single or successive actions covering
relatively brief timespans.  Only on rare occasions will a unit larger than
a battalion qualify for this award.

8.  Chapter 8 of the award regulations contains guidance on award of combat
badges.  It states, in pertinent part, that the CIB is awarded to infantry
officers and to enlisted and warrant officer personnel 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.  In
similar cases, the Awards Branch of the Human Resources Command (HRC) has
advised that during the Vietnam era the CIB was awarded only to enlisted
individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:

1.  During its original consideration of this case, the Board determined
that although the applicant held and served in a qualifying infantry MOS
and with a qualifying infantry unit while serving in the RVN, there was no
available evidence to confirm his personal participation in ground combat
with his unit.  As a result, it concluded the regulatory burden of proof
had not been satisfied in the applicant's case.

2.  By regulation, the VUA is awarded to units for extraordinary heroism in
action against an armed enemy, and the degree of heroism required is the
same as that which would warrant award of the Silver Star to an individual.
Unit historical records of the applicant's unit (2nd Battalion, 47th
Infantry Regiment) confirm it was regularly involved in combat operations
throughout its service in the RVN, and specifically during the applicant's
tenure of assignment, during which period it earned the VUA.

3.  The evidence of record confirms the applicant was assigned to a
traditional infantry regiment in a line battalion that was awarded the VUA
during his tenure of assignment in the RVN, which would tend to support his
statement that he regularly participated in active ground combat with his
unit.  There is no indication in his record that he was assigned to a non-
combat headquarters or staff position, and Item 38 of his DA Form 20
verifies that during his RVN tour, he was assigned duties as a light
infantryman in MOS 11B, a qualifying infantry MOS.  In view of this
evidence, it is reasonable to presume the applicant participated with his
unit while it was engaged in active ground combat with enemy forces during
his RVN tour of duty.  Therefore, it would be appropriate and serve the
interest of justice to award him the CIB at this time.

BOARD VOTE:

___MJNT   __CAD  _  __EEM__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
amendment of the ABCMR’s decision in Docket Number AR20050003184 on
14 December 2005.  As a result, the Board recommends that all Department of
the Army records of the individual concerned be corrected by awarding him
the Combat Infantryman Badge; and providing him a correction to his
separation document that includes this award.




                                  _____Marla J. N. Troup____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001756                           |
|SUFFIX                  |                                        |
|RECON                   |AR20050003184 -- 2005/12/14             |
|DATE BOARDED            |2006/09/26                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/08/06                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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