IN THE CASE OF:

		BOARD DATE:  31 October 2013

		DOCKET NUMBER:  AR20130005513


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 correction of his military records to show he was awarded the Combat Infantryman Badge (CIB).

2.  The applicant states he has new evidence.

	a.  He contacted a "buddy" he served with in the same platoon in Vietnam.  They both held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The unit was very small.  They engaged in hostile fire with the enemy many times.  Their platoon was very well noted as having members killed in action.  The North Vietnamese Army and the Viet Cong had a bounty on their heads.

	b.  He is enclosing the evidence to show he fulfilled all the requirements of Army Regulation 600-8-22 (Military Awards). 

3.  The applicant provides copies of:

* a letter of support from Mr. Terry G. G____, dated 8 February 2013  
* Headquarters, Americal Division, General Orders Number 7660, dated 
1 July 1970
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for Terry G. G____.
* Newspaper Article, dated 31 October 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 AR20110023762 on 24 May 2012.

2.  The applicant provides new evidence that was not previously considered by the Board.  Therefore, this evidence warrants consideration by this Board.

3.  The original Record of Proceedings states:

	a.  The applicant was inducted into the Army on 10 April 1969.  He completed training as a light weapons infantryman and was transferred to Vietnam on 
11 September 1969.

	b.  He was assigned to Company E, 4th Battalion, 21st Infantry Regiment for duty as a rifleman.  He was promoted to the rank of sergeant on 10 August 1970.

	c.  His records show that he was awarded the Army Commendation Medal with First Oak Leaf Cluster (1OLC) for meritorious service while in Vietnam. 

	d.  He departed Vietnam on 6 September 1970 and he was honorably released from active duty on 18 February 1971.  He had served 1 year, 
10 months, and 9 days of active service and his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, and the ARCOM 1OLC.

	e.  A review of his records failed to show that he was awarded the CIB or any evidence to indicate that he had engaged the enemy in combat.

4.  The applicant provided the following new evidence:

	a.  A letter of support from Mr. Terry G. G____, a fellow Soldier, stating he served with the applicant in the same platoon in Vietnam.  He relates that he and the applicant both served in MOS 11B, their unit was small and they got to know each other very well.  The applicant was present when the unit was under hostile enemy gunfire.  He estimates the applicant's date of eligibility (for the CIB) would be approximately 10 December 1969.  


	b.  Americal Division General Orders Number 7660, dated 1 July 1970, showing the applicant, the applicant's witness, and other Soldiers were awarded the Army Commendation Medal for meritorious achievement from 1 January to 30 April 1970.

	c.  DD Form 214 for Terry G. G____.  The CIB is not listed among his awards. 

	d.  The applicant provides a newspaper article, dated 31 October 1969, from an unknown source, describing an operation conducted by the Reconnaissance Platoon, 4th Battalion, 21st Infantry, 11th Brigade in Vietnam.  The dates of the operation are not listed in the article.  Only one individual participant (neither the applicant nor his witness) are named.

5.  Army Regulation 600-8-22 states 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he was awarded the CIB because he served in combat in Vietnam.

2.  The letter of support provided by the applicant states the author of this letter and the applicant held MOS 11B, their unit was small, and they got to know each other very well.  The applicant was present and engaged the enemy when the unit was under hostile fire.  He estimates the applicant's date of eligibility for the CIB would be approximately 10 December 1969.  It is noted that the applicant provided a copy of the DD Form 214 for the author of the letter of support and the CIB is not listed among his awards.

3.  The dates of the operation described in the newspaper article are not listed and neither the applicant nor his witness is named in the newspaper article.

4.  The available evidence clearly shows the applicant was awarded an infantry MOS and he was assigned to an infantry unit of brigade, regimental, or smaller size in the Vietnam.

5.  Considering the witness's DD Form 214 does not show that he has been awarded the CIB and that the newspaper article mentioned neither the applicant nor the witness the new evidence is of very little probative value.

6.  His new evidence has been noted; however, it is not sufficient to establish that the applicant is eligible for award of the CIB.

7.  In view of the above, the applicant's request should be denied.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110023762, dated 24 May 2012.



      _______ _  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)                                         AR20120019901



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ABCMR Record of Proceedings (cont)                                         AR20130005513



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