IN THE CASE OF:	  

		BOARD DATE:	        30 DECEMBER 2008

		DOCKET NUMBER:  AR20080015875 


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 request for award of the Combat Infantryman Badge.

2.  The applicant states that his unit's operation orders, mission statements, enemy activity, and friendly and enemy casualties, confirm that he participated in active ground combat operations.

3.  The applicant provides the following additional documentary evidence in support of his request:

	a.  undated 3d Battalion, 8th Infantry, Operational Report-Lessons Learned, for the period 1 February 1969 to 15 July 1969;

	b.  3d Battalion, 8th Infantry, Operational Report-Lessons Learned, dated 1 September 1969, for the period 1 August 1969 to 31 August 1969; and

	c.  Headquarters, 3d Battalion, 8th Infantry, Combat After Action Report, dated 5 November 1969.

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 AR20060014890, on 1 May 2007.
2.  On 23 October 2007, the applicant disagreed with the Board decision and requested a reconsideration of his case.  However, he did not provide any new evidence and/or argument with his request.  Accordingly, his application was returned without action and he was advised on 31 December 2007 that the Board will not consider any further requests for reconsideration of this matter without new evidence.

3.  The applicant submitted copies of his unit operational reports and lessons learned for the periods 1 February 1969 to 15 July 1969 and 1 August 1969 to 31 August 1969, and a copy of his unit combat after action report, dated 5 November 1969, which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and as such warrant consideration by the Board.

4.  The applicant's records show he initially enlisted in the Tennessee Army National Guard (ARNG) on 6 November 1964.  He was subsequently ordered to active duty for training (ADT) on 22 January 1965, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 940.00 (Cook Helper).  He was honorably released from ADT to the control of his ARNG unit on 18 June 1965.

5.  On 22 June 1968, the applicant was ordered to active duty for a period of 24 months.  He attained the rank/grade of sergeant/E-5 and was honorably released from active duty and returned to the U.S. Army Reserve to complete his remaining service obligation on 1 December 1969.  His records show that he held MOS 11B (Infantryman) at the time of his separation.

6.  The applicant's records show he served in the Republic of Vietnam from 26 February 1969 to 23 November 1969.  He was assigned to Company A, 3d Battalion, 8th Infantry, 4th Infantry Division.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, and the Air Medal.  Item 24 does not show award of the Combat Infantryman Badge.

8.  There are no orders in the applicant's military personnel records that show he was awarded the Combat Infantryman Badge.

9.  The applicant submitted the following documentary evidence to further support his request:
	a.  An undated operational report and lessons learned for the period 1 February 1969 to 15 July 1969 that shows the 3d Battalion, 8th Infantry, was under the operational control of the 1st Brigade from 1 February 1969 through 14 April 1969 on a search and destroy, patrol, and block enemy infiltration mission.  The report describes each company’s activities and contacts with the enemy.  Specifically, Company A remained in contact with the enemy throughout 10 and 11 May 1969.

	b.  An operational report and lessons learned for the period 1 August 1969 through 31 August 1969, dated 1 September 1969, that shows the 3d Battalion began a search and destroy operation in a known enemy base area on 4 August 1969 and that contact with the enemy was more frequent than it had been during the previous 2 months.  The report also shows that the battalion fire support base was harassed repeatedly by mortar and sniper fire that left friendly casualties.

	c.  A combat after action report, dated 5 November 1969, that shows the 3rd Battalion, 8th Infantry, was part of a task force that participated in an operation called "Putnam Couger" from 25 September 1969 through 26 October 1969 and that Company A provided security to the fire base.

10.  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.  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 U.S. Army 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:

The applicant's infantry MOS and assignment to an infantry unit are not in question in this case.  The operational and combat after action reports submitted by the applicant were carefully considered.  While these reports show that the applicant's unit was engaged in active ground combat on various dates, the reports do not indicate that the applicant was personally present and under hostile fire at the time.  The evidence presented by the applicant does not satisfy the requirements for award of the Combat Infantryman Badge.  Therefore, there is insufficient evidence to grant the applicant the requested relief in this case.


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 AR20060014890, dated 1 May 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)                                         AR20080015875



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ABCMR Record of Proceedings (cont)                                         AR20080015875



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