| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: Award of the Combat Infantryman Badge.
APPLICANT STATES: That he is a Vietnam veteran and that he came under fire while in country. In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge); a Memorandum, dated 14 September 2001, from the Disabled American Veterans (DAV) in Washington, D.C.; and a letter, dated 27 August 2001, from the DAV in Des Moines, Iowa.
COUNSEL CONTENDS: The DAV, as counsel for the applicant, was notified of the applicant’s pending review by the Board; however, no brief was submitted.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 16 February 1968 for a period of 3 years. He served as a light weapons infantryman in Vietnam from 28 July 1968 through 25 July 1969. On 14 July 1970, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. On 23 June 1977, the Special Discharge Review Program upgraded the applicant’s discharge to under honorable conditions
(a general discharge).
The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.
The applicant’s records show that his principal duty was security guard while he was assigned to Advance Team 51, IV Corps Advance Group, U.S. Military Assistance Command Vietnam in military occupational specialty (MOS) 11B (infantry) during his assignment in Vietnam.
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. The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge. Appendix 3 to Annex A of this regulation listed advisor positions in Military Assistance Command, Vietnam, which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized. Appendix 3 to Annex A states that personnel having the primary duty of “ Security Guard” were not eligible for award of the Combat Infantryman Badge.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. Evidence of record shows the applicant served as a security guard in MOS 11B (infantry) while assigned to Advance Team 51, IV Corps Advance Group, U.S. Military Assistance Command Vietnam.
2. There is no evidence of record which shows the applicant served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
3. In accordance with the governing regulation, personnel having the primary duty of “ Security Guard” were not eligible for award of the Combat Infantryman Badge. Therefore, the applicant is not eligible for award of the Combat Infantryman Badge.
4. 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 this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
GDP___ WTM_____ RTD____ DENY APPLICATION
| CASE ID | AR2001063361 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020124 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0111 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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