IN THE CASE OF:	  

		BOARD DATE:	  28 August 2008

		DOCKET NUMBER:  AR20080006782 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, reconsideration of his earlier petition to be awarded the Combat Infantryman Badge (CIB).  

2.  The applicant states, in effect, that he was awarded the CIB sometime in May 1967, while serving in Company A, 2nd Battalion, 8th Infantry Regiment, in the Republic of Vietnam (RVN).  

3.  The applicant provides a self-authored letter and three news articles in support of his application.   

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 AR20070018127 on 25 March 2008.  

2.  During its original review of the case, the Board found no evidence of record that showed the applicant served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size, and as a result, concluded there was insufficient evidence to support award of the CIB.  


3.  The applicant provides a self-authored letter with new argument and three news articles in support of his reconsideration request.  In his letter, he claims that he was actually awarded the CIB sometime in May 1967, while serving with Company A, 1st Battalion, 8th Infantry Regiment, in the RVN.  He lists two names of other service members who served with him in this unit and who can attest to his participation in combat.  He also provides three articles that refer to his battalion's participation in combat operations and contact with the enemy.  One article discusses the battalion's constant contact with enemy forces for three days.  It also contains a quote from the applicant regarding the unit getting into their foxholes, and it indicates that the evening they dug in, the unit came under heavy enemy mortar attack and enemy automatic weapons fire.  Another article refers to the involvement of Company A, 1st Battalion, 8th Infantry Regiment in Operation Francis Marion, which took place from 6 through 30 April 1967.  

4.  The applicant's record shows he was inducted into the Army and entered active duty on 28 September 1966, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 12 April 1967 through 8 April 1968.  Item 38 (Record of Assignments) lists no unit of assignment between 12 April and 24 July 1967, and it lists his unit as 
Company A, 2nd Battalion, 8th Infantry Regiment, from 25 July 1967 through 
7 April 1968.  

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains 
4th Infantry Division Special Orders Number 201, dated 20 July 1967, which reassigned the applicant from Company A, 1st Battalion, 8th Infantry Regiment to Company A, 2nd Battalion, 8th Infantry Regiment, effective 25 July 1967.  

6.  On 27 September 1968, the applicant was honorably separated after completing 2 years of active duty service.  The separation document (DD Form 214) he was issued, as amended by a 22 July 2008 correction (DD Form 214), shows he earned the following awards:  National Defense Service Medal; Army Good Conduct Medal; Vietnam Service Medal with 3 bronze service stars; RVN Campaign Medal; RVN Gallantry Cross with Palm Unit Citation; and RVN Civil Actions Honor Medal First Class Unit Citation.  


7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Chapter 8 contains guidance on award of combat and skill badges.  Paragraph 8-6 contains guidance on award of the CIB.  It states, in pertinent part, that 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 an infantry unit of brigade, regimental, or smaller size; and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

8.  United States Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations) specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that 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.  Further, “the CIB is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the CIB was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's new argument and evidence was carefully considered and found to have merit.  By regulation, in order to qualify for the CIB, a member must have held and served in an infantry MOS, in a qualifying infantry unit of brigade, regimental or smaller size, and must have been present and personally participated with the unit while it was engaged in active ground combat with enemy forces.  

2.  The evidence clearly shows the applicant held and served in an infantry MOS and that he served in qualifying infantry units while serving in the RVN.  There is no indication that the applicant served in a headquarters or non-line unit position during his assignment to these units, and the record clearly shows these units routinely engaged enemy forces during the applicant's tenure of assignment in the RVN.  Further, the evidence provided by the applicant places him with his qualifying infantry unit while it was engaged in active ground combat with enemy forces in the RVN.  As a result, based on this new evidence it would be appropriate to amend the original Board decision by awarding the applicant the CIB, and adding it to his record and separation document at this time.  


BOARD VOTE:

____x___  ___x____  ___x____  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 AR20070018127, dated 25 March 2008.  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; by adding it to his record and separation document; and by providing him a correction to his separation document that includes this award.



      ________x______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006782



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ABCMR Record of Proceedings (cont)                                         AR20080006782



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