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ARMY | BCMR | CY2015 | 20150002555
Original file (20150002555.txt) Auto-classification: Denied

		IN THE CASE OF:  	  

		BOARD DATE:  17 September 2015	  

		DOCKET NUMBER:  AR20150002555 


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 to correct his    DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states he was assigned to an infantry unit and he engaged the enemy in active ground combat.

3.  The applicant provides:

* a self-authored statement
* a map
* 16 pages of historical information pertaining to the 5th Infantry Division 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130015237, on 24 April 2014.

2.  The applicant submitted an argument with regard to award of the CIB that was not previously considered by the Board; therefore, this is considered new evidence that warrants consideration by the Board.  

3.  The applicant was inducted into the Army of the United States on 24 June 1968.  He completed training and was awarded military occupational specialty (MOS) 71H (Personnel Specialist).

4.  The applicant's record shows he served in the Republic of Vietnam from 2 December 1968 to 3 December 1969.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Headquarters and Headquarters Company, 1st Battalion (Airmobile), 506th Infantry Regiment and Headquarters and Headquarters Company,           1st Battalion, 11th Infantry Regiment, 5th Infantry Division during his service in the Republic of Vietnam.  Evidence shows he performed duties as a clerk typist, clerk, and supply clerk while in the Republic of Vietnam.

5.  His service records do not contain orders awarding him the CIB.  Additionally, item 41 (Awards and Decorations) of his DA Form 20 does not show that he was awarded the CIB.

6.  He was honorably released from active duty on 23 June 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 does not show that he was awarded the CIB.

7.  He provides a 3-page self-authored statement in which he describes his combat experience upon volunteering to support the 11th Infantry Division during Operation Montana Mauler.  

8.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB was carefully reconsidered.  However, the available evidence does not support the applicant's request for correction of his DD Form 214 to show he was awarded the CIB. 

2.  The available evidence shows the applicant served as a clerk typist and supply clerk in infantry units throughout his service in Vietnam.  However, he did not serve in an infantry MOS; therefore, he is not eligible 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 AR20130015237, dated 24 April 2014.





      _______ _   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)                                         AR20150002555





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ABCMR Record of Proceedings (cont)                                         AR20150002555



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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