RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2007
      DOCKET NUMBER:  AR20060004654


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Roland S. Venable             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his request for
award of the Combat Infantryman Badge.

2.  The applicant states, in effect, he appreciates the previous action by
the Board concerning the correction of some of the errors in his records
and notes that the Board affirmed that he was awarded military occupational
specialty (MOS) 11B (Infantryman) at Fort Polk, Louisiana.  The applicant
also states, in effect, that he was assigned to several different
maintenance companies, but he was never trained in that field and the Board
will never find or prove that he was trained in a maintenance MOS.  The
applicant further states, in effect, that he served most of his time in
Vietnam in support of the 101st Airborne Division at several different
bases and that he was attached to the U.S. Marines when he was wounded.
The applicant offers to describe his combat experiences and asks the Board
to "[d]ig deeper [and] search the records over."  The applicant concludes
by stating, in effect, if his request for the Combat Infantryman Badge is
disapproved, then he requests the Board consider awarding him the Combat
Action Badge.

3.  The applicant provides a copy of an undated VA Form 21-4138 (Department
of Veterans Affairs, Statement in Support of Claim).

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
AR20050003382, on 7 February 2006.

2.  The applicant’s military service records were not available to the
Board when the case was originally reviewed.  However, the applicant's
military service records were available to the Board when this request for
reconsideration was reviewed.

3.  The applicant was inducted into the Army of the United States for a
period of 2 years on 17 January 1967.  Upon completion of basic combat
training and advanced individual training he was awarded MOS 11B
(Infantryman), effective 26 May 1967.  He was honorably released from
active duty on 7 January 1969 after completing 1 year, 11 months, and 21
days of active service.  The applicant completed his reserve military
service obligation on 16 January 1973.

4.  The applicant's military service records contain a copy of
Headquarters,
13th Support Brigade, Fort Hood, Texas, Assignment Memorandum Number 29,
dated 13 June 1967, that shows the applicant held MOS 11B1O and was
assigned to the 602nd Maintenance Company, effective 16 June 1967.

5.  The applicant's military service records contain a copy of
Headquarters,
13th, Support Brigade, Fort Hood, Texas, Special Orders Number 208, dated
26 September 1967, that show the applicant was awarded primary MOS 63H2O
(Engineer and Power Train Repairman) and primary MOS 11B1O was withdrawn,
effective 23 August 1967.

6.  The applicant's military service records contain a copy of
Headquarters, 602nd Maintenance Company (Light) (Direct Support), Fort
Hood, Texas, Unit Orders Number 39, dated 23 August 1967, that show the
applicant was appointed to the temporary grade of specialist four (E-4) in
MOS 63H2O.

7.  The applicant's military service records contain a copy of
Headquarters, Fort Campbell, Fort Campbell, Kentucky, Special Orders Number
303, dated
22 December 1967, that show the applicant was appointed to the temporary
grade of specialist five (E-5) in MOS 63H2O.

8.  The applicant's military service records contain a copy of
Headquarters,
U.S. Army Vietnam, message, date-time-group 210045Z April 1968.  This
document shows, in pertinent part, that the applicant was serving in the
rank of Specialist Five (E-5) in Duty MOS 63H2O and assigned to the 67th
Maintenance Company, 1st Logistics Command in Vietnam when he was hit by
fragments from a mortar and wounded as a result of hostile action on 15
April 1968.

9.  The applicant's military service records contain a file copy of a
request for secondary MOS, dated 6 July 1968.  This document shows, in
pertinent part, that the applicant requested award of secondary MOS 63J2O
(Light Equipment Repairman) and stated that he had been working in the MOS
for the past 90 days.  This document also shows, in pertinent part, that
the applicant placed his signature above his signature block to
authenticate the request.  This document further shows, in pertinent part,
that the applicant's request was approved on
12 July 1968.

10.  The applicant's military service records contain a copy of
Headquarters,
U.S. Army Support Command, Da Nang (Provisional) (Vietnam), Special Orders
Number 135, dated 13 July 1968, that show the applicant was awarded
secondary MOS 63J2O (Quartermaster Light Equipment Repairman), effective
6 July 1968.
11.  The applicant's military service records contain a copy his DA Form 20
(Enlisted Qualification Record).  Item 22 (Military Occupational
Specialties) shows that the applicant was awarded MOS 11B1O (Light Weapon
Infantryman) as his primary MOS, effective 26 May 1967.  This document also
shows that this entry was lined-thru (i.e. deleted) and immediately below
it the entry MOS 63H2O (Engineer and Power Train Repairman) was entered as
his primary MOS, effective 26 September 1967.  This document further shows
that the applicant was awarded MOS 63J2O (Quartermaster Light Equipment
Repairman), effective 13 July 1968.

12.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows,
in pertinent part, that he was assigned to the 602nd Maintenance Company,
Fort Hood, Texas from 15 June 1967 through 19 October 1967 and performed
the principal duty of Automotive Repairman (Duty MOS 63H2O) during that
period.  This item shows that the applicant was then assigned to the 67th
Maintenance Company, Fort Campbell, Kentucky from 20 November 1967 through
9 January 1968 and that he performed the principal duty of Automotive
Repairman (Duty MOS 63H2O) during that period.  This item further shows
that the applicant's unit (i.e., 67th Maintenance Company) deployed to
Vietnam and that he performed the principal duty of Automotive Repairman
(Duty MOS 63H2O) for the entire period of his assignment (from 10 January
1968 through 1 January 1969) during his overseas tour in Vietnam through
the date he departed for return to the continental United States for
separation processing.

13.  There are no orders in the applicant’s military service records that
show he was awarded the Combat Infantryman Badge.  There is no evidence in
the applicant's military service records that shows he performed the
principal duties of an infantryman or that he was assigned to an Army
infantry unit in Vietnam.  There is also no evidence in his records that he
was attached to a unit of the
U.S. Marines when he was wounded in Vietnam.

14.  Army Regulation 600-8-22 (Military Awards), paragraph 8-6, provides
for award of the Combat Infantryman Badge.  That paragraph states that
there are basically three requirements for award of the Combat Infantryman
Badge.  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.

15.  U.S. 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 established the criteria for
award of the Combat Infantryman Badge as the man who trained, lived, and
fought as an infantryman.  It stated that the Combat Infantryman Badge is
the unique award established to recognize the infantryman and only the
infantryman for his service and further added, “[t]he 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
Soldiers 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.  Award of the Combat Infantryman Badge
during the Vietnam era was announced in unit special orders, normally
published at battalion or brigade level.

16.  Headquarters, Department of the Army, Washington, District of
Columbia, Letter 600-05-01, dated 3 June 2005, subject:  Changes to the
Combat Infantryman Badge and the Combat Medical Badge and the Establishment
of the Combat Action Badge, states that on 2 May 2005, the Chief of Staff,
Army, approved the creation of the Combat Action Badge to provide special
recognition to Soldiers who personally engage, or are engaged by the enemy.
 The requirements for award of the Combat Action Badge provide that it may
be awarded to any Soldier (Branch and MOS immaterial); the Soldier must be
performing assigned duties in an area where hostile fire pay or imminent
danger pay is authorized; the Soldier must be personally present and
actively engaging or being engaged by the enemy, and performing
satisfactorily in accordance with the prescribed rules of engagement; and
the Soldier must not be assigned/ attached to a unit that would qualify the
Soldier for the Combat Infantryman Badge or Combat Medical Badge.  Award of
the Combat Action Badge is authorized from 18 September 2001 to a date to
be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his request for award of the
Combat Infantryman Badge for his service in Vietnam should be reconsidered
because he was awarded MOS 11B.  He also contends, in effect, there is no
evidence in his records that show he was trained in a maintenance MOS.  He
further contends that if his request for award of the Combat Infantryman
Badge is disapproved, award of the Combat Action Badge should be
considered.

2.  The evidence of record shows that the applicant was awarded primary MOS
11B (Infantryman) on 26 May 1967.  The evidence of record also shows that
on 23 August 1967 he was awarded primary MOS 63H (Engineer and Power Train
Repairman) and primary MOS 11B was withdrawn on that same date.  The
evidence of record further shows that from 15 June 1967 through the date of
his release from active duty, the applicant performed the principal duty of
Automotive Repairman (Duty MOS 63H2O).

3.  There is no evidence of record to show the applicant held MOS 11B or
any other infantry MOS while serving in Vietnam.

4.  There is no evidence of record to support the fact that the applicant
was present and satisfactorily performed infantry duties in an infantry
unit in Vietnam during such time as the unit was engaged in active ground
combat and that he actively participated in such ground combat.  Therefore,
there is insufficient evidence upon which to base award of the Combat
Infantryman Badge.

5.  The evidence of record shows that the applicant was released from
active duty on 9 January 1969 and completed his reserve military service
obligation on
16 January 1973.  The evidence of record also shows that the Chief of
Staff, Army, authorized award of the Combat Action Badge, effective 18
September 2001 through a date to be determined.  Therefore, the applicant
is not entitled to award of the Combat Action Badge for his service in
Vietnam.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JTM__  ___WDP   ___RSV _  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 AR20050003382, dated 7 February 2006.




                                  _____John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004654                           |
|SUFFIX                  |                                        |
|RECON                   |20070117                                |
|DATE BOARDED            |20060207                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690107                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5, Section VII      |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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