IN THE CASE OF:
BOARD DATE: 27 August 2009
DOCKET NUMBER: AR20090005095
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 the Board's denial of his request for correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.
2. The applicant states that in the Board's denial of his case it was stated that his military records were not available for review. He has obtained his military records and he has provided them to verify that his military occupational specialty (MOS) was 11B (light weapons infantryman) and to show that he served in a cavalry unit in Vietnam.
3. The applicant provides excerpts from his military records.
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 AR20080017295, dated 18 February 2009.
2. The applicant's military records are new evidence which requires the Board to reconsider his request.
3. The applicant was inducted into the Army of the United States on 29 June 1965. He was awarded MOS 11B and arrived in Vietnam on 16 December 1965. He served as a rifleman in Company B, 1st Battalion, 7th Cavalry while in Vietnam. He departed Vietnam as a patient on 20 November 1966.
4. The applicant's DA Form 20 (Enlisted Qualification Record), Item 40, Wounds, shows that he was wounded by a punji stick to his left leg on 29 May 1966 and wounded by a punji stick to his right leg on 12 November 1966.
5. On 28 June 1967, he was released from active duty.
6. There are no orders for the Combat Infantryman Badge in the available records.
7. 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. Additionally Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. This regulation also provided that the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.
DISCUSSION AND CONCLUSIONS:
1. The applicant has not provided any orders awarding him the Combat Infantryman Badge.
2. Although the applicant held and served in an infantry MOS in Vietnam while assigned to a cavalry unit, there is no evidence of record which shows he served in active ground combat.
3. While the applicant was wounded twice by punji sticks, such wounds would not necessarily require him to be engaged in active ground combat. The applicant would have to show that hostile forces fired upon him and that he returned fire on hostile forces to warrant correction of his records to show he was awarded the Combat Infantryman Badge.
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 AR20080017295, 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) AR20090005095
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ABCMR Record of Proceedings (cont) AR20090005095
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