RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 April 2008
DOCKET NUMBER: AR20080002121
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.
The following members, a quorum, were present:
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 earlier request to the Army Board for Correction of Military Records (ABCMR) to show that he was awarded the Combat Infantryman Badge.
2. The applicant states, in effect, that he should be awarded the Combat Infantryman Badge.
3. The applicant provides several copies of photographs he alleges to be of himself in support of his 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 AR20070008222, on 29 November 2007.
2. In the previous case, the applicants contention that he was entitled to the Combat Infantryman Badge was carefully considered and determined to be without merit. There was no evidence in the available records and the applicant had not provided sufficient evidence to show that he was directly involved in active ground combat or that he was performing infantry duties while assigned to an infantry unit of brigade, regimental, or smaller size.
3. The applicant provided, as new evidence, copies of several photographs he alleges to be of himself, which were taken in Vietnam, in June 1971. He states that he was performing duties as a barber, as he had done in many occasions in all surrounded areas, and fought as long as he needed to. He states that he was a barber going into the jungle from Camp Campbell to Khe Sahn jumping in and out of choppers at times receiving and returning fire. He also served as a gunner on several occasions transporting replacement troops to their new units at times under enemy fire, and they were attacked on many occasions by mortar and fire fights defending their perimeters.
4. The applicant describes, in one of his photographs, a tower that he stated he fell from when his knee gave out in Camp Campbell on 4 June 1971 (sic). He came back from Khe Sahn on 3 June [1971]. He described the incident that occurred on 2 and 3 June 1971. One of the pictures shows he was on his way to provide his services as a "combat barber" and a picture of the barbershop, with him standing in front with two other barbers.
5. Section 38 (Record of Assignments), of the applicant's DA Form 20 (Enlisted Qualification Record), shows the applicant was assigned as an instructor to the 101st Administration Company, 101st Airborne Division, in the Republic of
Vietnam during the period 5 November 1970 through 1 July 1971. There is no record of the applicant having been assigned to an infantry unit of brigade, regiment or smaller size, nor is there evidence he participated in ground combat.
6. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge 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. The Awards Branch of the Total Army Personnel Command [now the 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:
1. The applicant's new argument was carefully considered and found to be without merit.
2. Documentation presented as new evidence, such as the photographs he alleges to be of himself, which were taken in Vietnam in June 1971, indicated he was performing duties as a barber, as he had done on many occasions in all surrounding areas. He stated that he was a combat barber going into the jungle in Vietnam; jumping in and out of choppers, at times receiving and returning fire; and he served as a gunner on several occasions.
3. As indicated in the previous consideration, the applicant was assigned to a unit that was not infantry and his duty title was that of instructor. He has provided no new evidence to show that he was assigned to an infantry unit of brigade, regimental, or smaller size and participated in active ground combat.
4. Once again, he has provided insufficient evidence to show that he was directly involved in active ground combat, while serving in Vietnam, or that he was performing infantry duties while assigned to an infantry unit of brigade, regimental, or smaller size.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x_____ ___x___ ___x_ 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 AR20070008222, dated 29 November 2007.
______x______________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080002121
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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