PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 March 2003
         DOCKET NUMBER: AR2002079031


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Thomas A. Pagan		Chairperson
Mr. Roger W. Able		Member
Mr. John A. Kelley		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests reconsideration of his previous application to correct his military records by awarding him the Combat Infantryman Badge.

3. The applicant states, in effect, that his undated Recommendation for Decoration for Valor or Merit shows that he served as a mortar gunner, that he was assigned to the mortar section during the Cambodian Invasion, that he attained the position of mortar gunner and that he fired the 81mm mortar in combat actions against the enemy.

4. The applicant also contends that Army Regulation 600-8-22 (Military Awards) states that award of the Combat Infantryman Badge does not require that a soldier have a primary military occupational specialty (MOS) in the infantry series; as long as, the soldier has been properly trained in the infantry tactics, possesses the appropriate skill code, and has served in the MOS when engaged with the enemy in active ground combat.

5. The applicant further contends that the Army Board for Correction of Military Records (ABMCR) Memorandum of Consideration, dated 17 March 1998, refers to MOS 11H (heavy anti-armor weapons crewman); however, he did not serve in this MOS. He claims the Memorandum of Consideration further states that Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge for MOS 11C (infantry indirect fire crewman). He points out that his duty MOS listed on his DA Form 20 (Enlisted Qualification Record) shows he served in MOS 11C (mortar carrier driver) from 1 July 1970 through 16 October 1970. He also points out that the recommendation for decoration shows that he was trained and served in MOS 11C and that the unit records further demonstrate his unit was in combat with the enemy during this period.

6. Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect consideration of Docket Number AR1999016645 by the ABCMR on 17 March 1998.

7. The applicant provided an undated recommendation for award of the Bronze Star Medal for meritorious service from January 1970 through January 1971 in Vietnam. The recommendation indicates that the applicant served as troop clerk and mortar gunner with F Troop, 2nd Squadron of the 11th Armored Cavalry Regiment in combat in Vietnam.

8. The applicant also provided numerous copies of Daily Staff Journal Logs of the 2nd Squadron of the 11th Armored Cavalry Regiment during the period
5 July 1970 to 29 October 1970. He contends that these reports show his unit was in combat during this period.

9. The documents submitted by the applicant are new evidence which will be considered by the Board.

10. The applicant's DA Form 20 (Enlisted Qualification Record) shows he completed eight weeks of advanced individual training in MOS 71H (personnel specialist), completed four weeks of personnel management specialist school in MOS 71H and was awarded primary MOS 71H effective 24 November 1969.

11. The Board notes that item 38 (Record of Assignments) on the applicant's DA Form 20 (Enlisted Qualification Record) shows that his duty MOS was 11C (mortar carrier driver) from 1 July 1970 through 17 October 1970. However, there is no evidence in the applicant's service personnel records which shows the applicant was awarded an infantry MOS.

12. The applicant's DD Form 214 (Report of Transfer or Discharge) shows the Vietnam Service Medal as an authorized award. His records show he served in Vietnam from 11 January 1970 through 19 December 1970 and participated in three campaigns during his assignment in Vietnam.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions during the period
1 May - 29 June 1970 by Department of the Army General Orders Number 43, dated 1972. This award is not shown on his DD Form 214.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 50, dated 1971. This award is not shown on his DD Form 214.

15. Army Regulation 600-8-22 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.

16. Army Vietnam Regulation Number 672-1 (Awards and Decorations) 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.

17. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

18. Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration. This includes but is not limited to any facts or arguments as to why relief should be granted. The staff of the Board is authorized to determine whether or not such evidence has been submitted.

19. The regulation provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.

CONCLUSIONS:

1. 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.

2. The applicant's DA Form 20 (Enlisted Qualification Record) shows that he completed eight weeks of advanced individual training in MOS 71H (personnel specialist), completed four weeks of personnel management specialist school in MOS 71H and was awarded primary MOS 71H effective 24 November 1969.

3. The Board notes that the applicant's DA Form 20 (Enlisted Qualification Record) shows his duty MOS as 11C (mortar carrier driver) during the period
1 July 1970 through 17 October 1970.

4. The Board reviewed the undated Recommendation for Decoration for Valor or Merit for award of the Bronze Star Medal which states that the applicant served as a mortar gunner, that he was assigned to the mortar section during the Cambodian Invasion, that he attained the position of mortar gunner and that he fired the 81mm mortar in combat actions against the enemy.

5. However, there is no evidence of record available to the Board which shows the applicant was awarded an infantry MOS.

6. The Board considered the applicant's contention that Army Regulation
600-8-22 (Military Awards) states that award of the Combat Infantryman Badge does not require that a soldier have a primary MOS in the infantry series; as long as, the soldier has been properly trained in the infantry tactics, possesses the appropriate skill code, and has served in the MOS when engaged with the enemy in active ground combat. However, this statement in Army Regulation 600-8-22 means that the individual could be serving in a secondary infantry MOS or an additional infantry MOS which must be authorized in orders following specialized infantry military training.

7. Army Regulation 600-8-22 also provides, in pertinent part, that personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances.

8. After review of all the evidence in this case and the latest submissions, this Board also concluded the applicant has presented no argument or evidence which is sufficient to reverse the previous decision rendered by the ABCMR in AR1999016645 on 17 March 1998.

9. Further, this Board also determined, after review of all the evidence in this case, that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

10. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.

11. The applicant's unit received the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit awards.

12. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that he individual concerned was awarded the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

TAP___ RWA____ JAK_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Thomas A. Pagan______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079031
SUFFIX
RECON	Yes
DATE BOARDED	20030313
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.	107.0000
3.
4.
5.
6.