IN THE CASE OF:	  

		BOARD DATE:	        13 AUGUST 2008

		DOCKET NUMBER:  AR20080009112 


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, in effect, reconsideration of his request for award of the Combat Infantryman Badge.

2.  The applicant essentially states that the Army Board for Correction of Military Records (ABCMR) unfavorably ruled against waiving the statute of limitations prescribed by law, and that he disagrees with this ruling.  He also states, in effect, that the matter of the Combat Infantryman Badge was only brought to his attention when he started his Department of Veterans Affairs claim process in 2004.  He further states that he thought that the Combat Infantryman Badge was already in his military records, and that a first sergeant in Okinawa in 1969 indicated to him that he was authorized to wear the Combat Infantryman Badge.  Additionally, he states that as an established authority as a first sergeant and him being a young Soldier, he took it upon himself to get the Combat Infantryman Badge for his uniforms.  He continued by essentially stating that upon his arrival in Pleiku, Vietnam, he was assigned as an Infantryman with Company C, 1st Battalion, 12th Infantry, and that he was always out in the field.  He also shares several traumatic incidents, which will be discussed later in these proceedings.  He further states that he is currently diagnosed with post-traumatic stress disorder, and requests that the ABCMR reconsider the issues at hand, and feels that in all fairness, a ruling should be made in his favor as the aforementioned first sergeant stated that "Son, you are very deserving of the award of the Combat [Infantryman] Badge."  Further, he states that documents may not be in order as it should have been, to include the Combat Infantryman Badge, but that he takes pride in his service and most especially in his defense of freedom, and that favorable reconsideration of his request is very much appreciated.
3.  The applicant provides a letter, dated 17 April 2008, from the Guam Veterans Affairs Office; a VA Form 21-4138 (Statement in Support of Claim), dated 
17 April 2008; and a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) in support of this 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 ABCMR in Docket Number AR20060015009, on 26 April 2007.

2.  The applicant essentially stated that the ABCMR unfavorably ruled against waiving the statute of limitations prescribed by law, and that he disagrees with this ruling.  He also stated, in effect, that the matter of the Combat Infantryman Badge was only brought to his attention when he started his Department of Veterans Affairs claim process in 2004.  He further stated that he thought that the Combat Infantryman Badge was already in his military records, and that a first sergeant in Okinawa in 1969 indicated to him that he was authorized to wear the Combat Infantryman Badge.  Additionally, he stated that as an established authority as a first sergeant and him being a young Soldier, he took it upon himself to get the Combat Infantryman Badge for his uniforms.  He continued by essentially stating that upon his arrival in Pleiku, Vietnam, he was assigned as an Infantryman with Company C, 1st Battalion, 12th Infantry, and that he was always out in the field.  He further stated that he is currently diagnosed with post-traumatic stress disorder, and requests that the ABCMR reconsider the issues at hand, and feels that in all fairness, a ruling should be made in his favor as the aforementioned first sergeant stated that "Son, you are very deserving of the award of the Combat [Infantryman] Badge."  Further, he stated that documents may not be in order as it should have been, to include the Combat Infantryman Badge, but that he takes pride in his service and most especially in his defense of freedom, and that favorable reconsideration of his request is very much appreciated.

3.  The applicant also shared several traumatic incidents that he stated occurred while he was in Vietnam.  He indicated that the most traumatic incident he felt was when his buddy, the last name of which the applicant cannot remember, who was with him for the whole time got shot as he was taking over guard duty.  The applicant also stated that as his buddy started to light his cigarette, a sniper bullet hit him and that he collapsed instantly.  He also stated that after the medics picked his buddy up, he became depressed.  The applicant also related another incident in which he states that he was ambushed during a mission while crossing a rice paddy, with incoming fire from everywhere.  He further stated that 
another traumatic incident occurred when a call was received to secure an ambushed platoon, and that this was another horrible sight of missing body parts in different positions, and having to put them into body bags.    

4.  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.  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.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.

5.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant was carefully considered.  However, 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.

2.  The sincerity of the applicant's claim that he should be awarded the Combat Infantryman Badge is not questioned.  However, the new evidence provided by the applicant in the form of his statement that a first sergeant essentially told him that he was authorized to wear the Combat Infantryman Badge, and his stories of incidents of action that he witnessed while in Vietnam, does not begin to approach the threshold of proving, by a preponderance of the evidence, that an error or injustice has occurred.

3.  Although the applicant possessed and served in an infantry MOS with an infantry unit of brigade, regimental or smaller size during his service in Vietnam, there is no evidence in his military records, and the applicant failed to provide any evidence which conclusively shows that his unit engaged in active ground combat, and that he actively participated in such ground combat.  Regrettably, in view of the foregoing, there is no basis for awarding him the Combat Infantryman Badge.  
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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 AR20060015009, dated 26 April 2007.



      ___        XXX                ___
                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)                                         AR20080009112



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ABCMR Record of Proceedings (cont)                                         AR20080009112



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