BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090004000 


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 (CIB).  

2.  The applicant states that he held an infantry military occupational specialty (MOS) and has provided orders to verify his claim.  

3.  The applicant provides the following documents in support of his application:

* Headquarters (HQ), 1st Infantry Division, Fort Riley, KS Special Orders 
Number 171, dated 17 July 1965;
* HQ, U.S. Disciplinary Barracks (USDB), Fort Leavenworth, KS, Special 
Orders Number 64, dated 31 March 1967;
* HQ, USDB, Fort Leavenworth, KS, Special Orders Number 210, dated 
25 October 1967 (continuation page);
* DD Form 4 (Enlistment Record), dated 24 June 1965;
* HQ, U.S. Army Transfer Station, Fort Sheridan, IL, Special Orders 
Number 129, dated 24 June 1959;
* HQ, 1st Battle Group, 31st Infantry, Special Orders  Number 105, dated 
22 May 1959;
* HQ, 106th Transportation Battalion, Special Orders Number 79, dated 
12 April 1968; 
* HQ, USDB, Fort Leavenworth, KS, Special Orders Number 28, dated 
8 February 1968;
* HQ, 5th Infantry Division (Mechanized), Fort Carson, CO, Special Orders 
Number 110, dated 6 May 1963;
* HQ, 5th Infantry Division (Mechanized), Fort Carson, CO, Special Orders 
Number 175, dated 24 June 1965;
* HQ, Fort Leavenworth, KS, Special Orders Number 236, dated
6 December 1966;
* DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge) for the period ending 23 June 1965; 
* HQ, 2nd RECON Squadron, 2nd Armored Cavalry, Special Orders 
Number 79, dated 26 April 19--; and 
   * Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 18 February 2009.

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 AR20080019683 on 18 February 2009.

2.  The applicant has provided new evidence [as listed above] that will be considered by the Board.

3.  The applicant initially enlisted in the Regular Army on 27 June 1950 and continued to serve on active duty through reenlistments. 

4.  Page 1 of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 64C4O (truckmaster) on 15 October 1955.  His complete DA Form 20 is not available.  

5.  The applicant provided a copy of Special Orders Number 105, dated 22 May 1959 and Special Orders Number 129, dated 24 June 1959, which show his MOS as 111.70 (infantry).

6.  The applicant provided a copy of Special Orders Number 79, dated 26 April 1968 and Special Orders Number 110, dated 6 May 1963, which show his MOS as 111.60 (infantry).

7.  The applicant's DD Form 214 for the period ending 23 June 1965 shows his branch of service as Infantry and his specialty number as 111.60.

8.  Block 32 (Prior Service) on the applicant's DD Form 4, dated 24 June 1965, shows his MOS as 111.60.

9.  Headquarters (HQ), 5th Infantry Division (Mechanized), Fort Carson, CO, Special Orders Number 175, dated 24 June 1965, show the applicant's MOS as 111.60 on the standard name line.  

10.  HQ, 1st Infantry Division, Fort Riley, KS Special Orders Number 171, dated 17 July 1965, which further assigned the applicant to Company A, 1st Battalion (Mechanized), 28th Infantry, show his MOS as 11B4O.

11.  The applicant served in Vietnam from 21 September 1965 through 30 May 1966.  

12.  The applicant was promoted to sergeant first class in MOS 11B4O by 
HQ, Fort Leavenworth, KS, Special Orders Number 236, dated 6 December 1966.  

13.  HQ, U.S. Disciplinary Barracks (USDB), Fort Leavenworth, KS, Special Orders Number 64, dated 31 March 1967, show his MOS as 11B4O.

14.  HQ, USDB, Fort Leavenworth, KS, Special Orders Number 210, dated 25 October 1967, show the applicant was awarded primary MOS 64C4O and secondary MOS 63Z5O.  These orders withdrew his primary MOS of 11B4O and secondary MOS of 64C4O.

15.  HQ, USDB, Fort Leavenworth, KS, Special Orders Number 28, dated 8 February 1968, show the applicant's MOS as 64C4O.

16.  HQ, 106th Transportation Battalion, Special Orders Number 79, dated 12 April 1968, show the applicant's MOS as 11B4O.

17.  At the completion of more than 20 years, the applicant was retired from active duty on 28 February 1971.  His DD Form 214 for the period ending 28 February 1971 does not show the CIB as an authorized award.  

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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.  Additionally Appendix V of USARV 672-1 provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.



DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he held an infantry MOS and has provided orders to verify his claim.  

2.  To support award of the CIB, the applicant is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat, and he must have actively participated in such ground combat.  

3.  The orders provided by the applicant do confirm that he held an infantry MOS during his tenure on active duty.  However, there is insufficient evidence which show he was engaged in actual ground combat while assigned to his unit in Vietnam.  Therefore, there is insufficient evidence to show that the applicant has met all of the requirements for award of the CIB.  

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 AR20080019683, dated 18 February 2009.



      _______ _   _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)                                         AR20090004000





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ABCMR Record of Proceedings (cont)                                         AR20090004000



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