IN THE CASE OF:
BOARD DATE: 17 December 2009
DOCKET NUMBER: AR20090009039
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 previous request for award of the Combat Infantryman Badge.
2. The applicant notes the Board previously stated there was no proof that he had been in combat or lived the infantrymans life. However, he states except for the time he was in the hospital he walked in the same jungle, the same rice paddies, the same rubber plantations and shared the same fox holes as the rest of his squad.
3. The applicant provides a copy of item 38 (Record of Assignments) from his DA Form 20 (Enlisted Qualification Record), a listing of various missions summaries from the Vietnam Era, and 10 photographs taken in Vietnam on which the applicant identified himself or fellow unit members.
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 AR20080007369 on 16 September 2008.
2. The listing of various missions summaries from the Vietnam Era and the 10 photographs are considered new evidence not previously seen by the Board and as such warrant consideration. The copy of item 38 from the applicants DA Form 20 was previously available to the Board.
3. As noted in the Boards original proceedings, the applicant did perform duties as a rifleman with the 503rd Infantry while in Vietnam from 25 July 1966 to
17 August 1966 when he assumed duties as a messenger. He returned to duties as a rifleman on 18 March 1967 and served in that capacity until he departed Vietnam in June 1967. However, the applicants available records indicate he was never awarded an infantry MOS (military occupational specialty) and held an MOS of 94B (cook) throughout the duration of his enlistment.
4. The list of mission summaries provided by the applicant in support of his request for award of the Combat Infantryman Badge contains names and dates and very brief summaries of unit actions, some of which specifically identified the 503rd Infantry as participants but none of which included any individuals name. The applicant annotated that he was here beside 9 of the mission summaries.
5. The photographs provided by the applicant show Soldiers in various field conditions in Vietnam. On the photographs the applicant has identified individuals in the photographs. On one photograph he notes that one of the individuals in the picture was the platoon leader who put him in for the Combat Infantryman Badge.
DISCUSSION AND CONCLUSIONS:
1. The applicants performance as a rifleman in Vietnam with an infantry unit is not in question. However, one of the primary requirements for award of the Combat Infantryman Badge is that the individual holds an infantry MOS. In this particular case, although the applicant may have performed infantry duties, he was never awarded an infantry MOS and as such was not eligible for award of the Combat Infantryman Badge.
2. 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 the aforementioned requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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 AR20080007369, dated 16 September 2008.
_______ _ 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.
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