RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 December 2007
      DOCKET NUMBER:  AR20070011696


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Ms. Jeanette R. McCants           |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 his request to be
awarded the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, he should be awarded the CIB for his
service in the Republic of Vietnam (RVN) during the TET offensive.  He
states that his combat experiences support the award based on his being in
constant combat for 3 months during the TET offensive.

3.  The applicant provides self-authored letters, a separation document (DD
Form 214) and a Readjustment Counselor Letter, dated 15 April 2005 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
AR20050013183, on 27 April 2006.

2.  During its original review of the case, the Board found that the
applicant did not meet the three basic regulatory requirements necessary to
support award of the CIB, in that he did not serve in an infantry military
occupational specialty (MOS) in a qualifying infantry unit of brigade,
regimental or smaller size.

3.  As new evidence and argument in support of his reconsideration request,
the applicant provides a self-authored letter, in which he expresses his
dissatisfaction with the Board's original decision in his case, and
restates his argument that his combat service in the RVN supports his being
awarded the CIB.  He also provides a letter from a Readjustment Counseling
Therapist, dated 15 April 2005.  This counselor indicates she diagnosed the
applicant with meeting the criteria for a Post Traumatic Stress Disorder
(PTSD), and confirmed that the applicant had been treated for this
condition for approximately
12 months at that time.

4.  The applicant's record shows that he was inducted into the Army and
entered active duty on 16 August 1966.  He was trained in and awarded
military occupational specialty (MOS) 05C (Radio/Telephone Operator), and
the highest rank he attained while serving on active duty was specialist
four (SP4).

5.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 23 July 1967 through 22 July 1968.  Item 38
(Record of Assignments) shows that during his RVN tour of duty, he was
assigned to Company A, 121st Signal Battalion, performing duties in MOS 05C
as a radio/telephone operator.

6.  The applicant's record further shows that during his active duty
tenure, he earned the National Defense Service Medal (NDSM), Vietnam
Service Medal with 4 bronze service stars, RVN Campaign Medal, Meritorious
Unit Commendation 1st Oak Leaf Cluster (2nd Award), RVN Gallantry Cross
with Palm Unit Citation, and Expert Marksmanship Qualification Badge with
Rifle Bar.

7.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents that indicate he ever held or served in an
infantry MOS, or that shows he was ever assigned to an infantry unit of
brigade, regimental or smaller size while serving in the RVN.  It is also
void of any orders or other documents that indicate he was ever recommended
for or awarded the CIB by proper authority while serving on active duty.

8.  On 17 July 1968, the applicant was honorably separated after completing
a total of 1 year, 11 months and 2 days of active military service.  The DD
form 214 he was issued at the time did not include the CIB in the list of
awards contained in Item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized), and the applicant
authenticated this separation document with his signature on the date of
his separation.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Chapter 8 contains guidance on award of the CIB.  It states, in
pertinent part, that there are three basic requirements for award of the
CIB.  They are that the member hold and serve in an infantry MOS; that he
serve in an infantry unit of brigade, regimental or smaller size; and that
he be personally present and participate with his qualifying infantry unit
while it is actively engaged in ground combat with enemy forces.  The
Awards Branch of the United States Army Human Resources Command (formerly
known as the Total Army Personnel Command) has advised, in similar cases,
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.

10.  United States Army Vietnam (USARV) Regulation Number 672-1 (Awards and
Decorations) specifically governed award of the CIB to Army forces
operating in the RVN.  It specifically stated that the criteria for award
of the CIB identified the man who trained, lived, and fought as an
infantryman and the CIB is the unique award established to recognize the
infantryman and only the infantryman for his service.  It further stated
that the CIB was not an award for being shot at or for undergoing the
hazards of day to day combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's reconsideration request and the new argument he
submitted were again carefully considered.  However, as he has been
previously advised, award of the CIB is limited to those Soldiers who hold
and serve in an infantry MOS, in a qualifying infantry unit of brigade,
regimental or smaller size, and who are personally present and participate
with their qualifying infantry unit while it is actively engaged in ground
combat with enemy forces.  Combat service alone does not support award of
the CIB.

2.  In this case, the evidence of record confirms the applicant held and
served in a signal MOS in a signal unit while serving in the RVN.
Notwithstanding his participation in combat, which is not in question,
there is no evidence of record or independent evidence provided by the
applicant that shows he ever held an infantry MOS and/or served in
qualifying infantry unit during his tour of duty in the RVN.  As a result,
the regulatory burden of proof necessary to support award of the CIB has
still not been satisfied in this case.  Therefore, there is an insufficient
evidentiary basis that supports granting the requested relief or amendment
of the original Board decision in this case.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, 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, or that would support
amendment of the original decision in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RTD __  __JRM __  __JLP___  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 AR20050013183, dated 27 April 2006.




                                  _____Richard T. Dunbar___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070011696                           |
|SUFFIX                  |                                        |
|RECON                   |AR20050013183-2006/04/27                |
|DATE BOARDED            |2007/12/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/07/17                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS RTN                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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