RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 April 2008
      DOCKET NUMBER:  AR20080000195


      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.


      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:

Through counsel, the applicant requests, in effect, reconsideration of his
earlier petition to be awarded the Combat Infantryman Badge (CIB).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, that the applicant's earlier petition to
be awarded the CIB be reconsidered.

2.  Counsel states, in effect, that new evidence is being provided to
confirm the applicant's participation in ground combat as an infantryman.

3.  Counsel provides a supporting letter, two eye-witness statements, and
unit situation reports (SITREPs) in support of the 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
AR20060014395 on 17 April 2007.

2.  During its original review of the case, the Board found no evidence the
applicant was awarded the CIB by proper authority while serving on active
duty, and concluded that there was insufficient evidence that the applicant
performed traditional infantry duties or that confirmed his participation
in ground combat with a qualifying infantry unit of brigade, regimental, or
smaller size, while it was engaged in active ground combat with enemy
forces.

3.  The applicant provides two eye-witness statements from two individuals
who served with him in the Republic of Vietnam (RVN).  These individuals
state that the applicant was assigned to the 503rd Infantry Regiment and
served in as an infantryman operating against hostile forces.  They further
indicate there were several times the applicant came under hostile fire
while operating as an infantryman with his qualifying infantry unit while
it was engaged in combat with enemy forces.  He also provides unit SITREPs
for 1 to 12 March 1969, 7 April 1969, and 3 May 1969, which confirm the
unit's participation in active ground combat with enemy forces.

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 9 February 1969 through 8 February 1970.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
Company B, 2nd Battalion, 503rd Infantry Regiment, performing duties in
military occupational specialty (MOS) 11B (Light Weapons Infantryman) as a
rifleman and automatic rifleman.  There is no indication that the applicant
was assigned door gunner or other air related duties, or that he was
assigned to a headquarters staff element while serving in the RVN.

5.  On 9 February 1970, the applicant was honorably separated after
completing 1 year, 7 months, and 1 day of active military service.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 8-6 of the
awards regulation provides the policy and procedure for award of the CIB.
It states, in pertinent part, that there are basically three requirements
for award of the CIB.  The Soldier must be an infantryman satisfactorily
performing infantry duties, he must be assigned to an infantry unit during
such time as the unit is engaged in active ground combat, and he must
actively participate in such ground combat.  Specific requirements state,
in effect, that an Army enlisted Soldier must have an infantry specialty,
satisfactorily performed duty while assigned or attached as a member of an
infantry unit of brigade, regimental, or smaller size during any period
such unit was engaged in active ground combat.  A recipient must be
personally present and under hostile fire while serving in an assigned
infantry primary duty, in a unit actively engaged in ground combat with the
enemy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the CIB based on his
active participation in ground combat in the RVN was carefully considered
and found to have merit.  By regulation, in order to support award of the
CIB there must be evidence that the member held and served in an infantry
MOS, that he served in a qualifying infantry unit of brigade, regimental or
smaller size and that he was personally present and under hostile fire
while serving in an assigned infantry primary duty, in a qualifying
infantry unit actively engaged in ground combat with the enemy.

2.  The evidence of record confirms the applicant held and served in an
infantry MOS (serving as a rifleman and automatic rifleman) during his
tenure of assignment in the RVN.  It also shows that during this period, he
was assigned to Company B, 2nd Battalion, 503rd Infantry Regiment, which
was a qualifying infantry unit.
3.  The evidence also includes SITREPs that confirm the unit's
participation in active ground combat with enemy forces during the
applicant's tenure of assignment in the RVN, and his personal participation
with his unit while it was engaged in active ground combat is corroborated
by the eye-witness statements he now provides.

4.  The evidence of record gives no indication that the applicant was
assigned headquarters or solely flight duties while he was assigned as a
rifleman and automatic rifleman with his qualifying infantry unit.
Therefore, given he held and served in an infantry MOS in a qualifying
infantry unit, and based on the corroborating statements he now provides,
it is logical to presume he was present with and actively participated with
his unit while it was engaged in ground operations against enemy forces.
As a result, it would be appropriate and serve the interest of justice to
award him the CIB at this time.

BOARD VOTE:

___CD __  __LMD__  __JCR__  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 AR20060014395, dated 17
April 2007.  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, based on his qualifying infantry combat service
in the Republic of Vietnam; and by providing him a correction to his
separation document (DD Form 214) that includes this award.




                                  _____Carmen Duncan___
                                            CHAIRPERSON

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