IN THE CASE OF: BOARD DATE: 8 September 2010 DOCKET NUMBER: AR20100007538 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge. 2. The applicant states that he was involved in combat action. 3. The applicant provides, in support of his application, a letter from another Soldier who served with him in the Republic of Vietnam, with a clinical record cover sheet. 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 AR20090010121 on 19 November 2009. 2. The letter provided by the applicant is new evidence that requires consideration by the Board. 3. In the original proceedings, the Board determined that while the applicant did hold a qualifying MOS and was assigned to an infantry unit of brigade, regimental, or smaller size, the available evidence was insufficient to establish that the applicant had served in active ground combat. 4. The applicant has provided a letter written by a former Soldier who states that both the applicant and the author of the letter were assigned to B Troop, 1st Squadron, 10th Cavalry Regiment. While on a search and destroy mission, the applicant was driving an armored personnel carrier (APC) and the author was one of two machine gunners. The APC hit a land mine that destroyed the APC. The author received a broken left knee and was medically evacuated. The applicant was also hurt but recuperated from the explosion at their forward operating base and later returned to duty. The author further states that this was only one of many incidents [that occurred] over the time they were there. The unit was a line outfit and they were the eyes and ears for the squadron. The author states that he received the Combat Infantryman Badge and believes the applicant should also receive this badge because he did everything that was asked of him. They were responsible for keeping the roads open and that is what they did. For 12 months, they were continually being shot at as they led convoys and cleared land mines along the roads. 5. A DA Form 8-275-2 (Clinical Record Cover Sheet) dated 21 December 1966, shows that the applicant incurred a broken left knee cap on 1 October 1966, when he was thrown from an APC and medically evacuated. His unit is shown as B Troop, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division. 6. Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 7. U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat." This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that 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. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his military records should be corrected to show award of the Combat Infantryman Badge. 2. The letter of support clearly shows that the applicant performed armored cavalry duties; not ground infantry duties. Therefore, he did not qualify for award of the Combat Infantryman Badge. 3. 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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) AR20100007538 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100007538 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1