RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 February 2007
      DOCKET NUMBER:  AR20060006512


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 reconsideration of his previous request for
award of the Combat Infantryman Badge (CIB).

2.  The applicant states that his assignment was the performance of all
aspects of security inspections and foreign national sources handling,
including the coordination of military action on troop movement using our
forces as well as performing liaison duties with the Republic of Korea
forces stationed in the United States (US).  He states that he reviewed
action reports daily, including the body count documents produced by our
endeavors.  He states that he traveled with the Korean Army while
performing his duties and that he was subjected to small arms fire at times
and witnessed bodies of enemy Soldiers lying along the roadways.

3.  The applicant goes on to describe an incident which occurred while he
was stationed at the 524th Military Intelligence Detachments in January
1970.  He also refers to paragraphs from Army Regulation 600-8-22,
regarding the CIB which he believes apply to his situation.  He states that
he was not advised by anyone in his command that he was eligible for the
CIB and that he had met the requirements for award of the CIB under Army
Regulation 600-8-22, paragraph 2-6.

4.  The applicant provides in support of his application a letter from a
retired brigadier general, addressed to the Director of this Board, dated
28 February 2006, indicating why he should be awarded the CIB; and a letter
from an individual attesting to his good character and support is request
for award of the CIB.

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
AR20040011584, on 9 August 2005.

2.  The applicant enlisted in the Army on 1 August 1967 and he successfully
completed his training in a military intelligence specialist (97B) military
occupational specialty (MOS).  Upon completion of his training, he was
transferred to Vietnam and assigned to the 524th Military Intelligence
Detachment in Vietnam.

3.  The applicant departed Vietnam in March 1970 and he was released from
active duty on 5 March 1970.

4.  In a letter addressed to this Board, dated 28 February 2006, a retired
brigadier general states it is his opinion that the applicant does meet the
requirement for award of the CIB.  He states that an error was made on the
part of the command in the properly advising him of his qualification for
the award.  He goes on to refer to portions of Army Regulation 600-8-22
pertaining to the CIB and to the applicant's awards and decorations.

5.  In an undated letter from an individual who contends that he was a
staff sergeant and met the applicant in October 1967, he states that the
applicant was a fun loving individual who appeared to love life and
displayed no evidence of having any psychological problems.  He goes on to
provide information regarding incidents that he contends occurred in
November 1969, January 1970 and February 1970 and how the applicant's
former commanding officer said that he was going to recommend the applicant
for the Bronze Star Medal.

6.  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 (formerly known as the Total Army
Personnel 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:

1.  A review of the available records fails to show the applicant's
entitlement to the CIB.

2.  The Board has considered the applicant's statement and the letters that
he has now submitted in support of his request for reconsideration.
However, as he was previously informed, although he may have been exposed
to combat situations while he was in Vietnam, he did not hold an infantry
MOS.





3.  His records and his letters indicate that military intelligence
specialist (97B) was the MOS that he held which is not one of the MOSs
listed in Army Regulation 600-8-22 as being eligible for award of the CIB.
Therefore, he is not eligible nor is he entitled to the CIB.

4.  In order to justify correction of a military record the applicant must
show or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__TK  ___  __LB ___  __LD____  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 AR20040011584, dated 9 August 2005.




                                  _____ Ted Kanamine________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006512                           |
|SUFFIX                  |                                        |
|RECON                   |20050909                                |
|DATE BOARDED            |20070227                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/DECORATIONS AND AWARDS         |
|2.  157                 |107.0111/COMBAT INFANTRYMAN BADGE       |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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