RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      10 May 2007
      DOCKET NUMBER:  AR20060015606


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 earlier
request for award of the Combat Infantryman Badge.

2.  The applicant states, in effect, these [apparently referring to the
nine page list of Soldiers who lost their lives in Vietnam] are all the
heroes I was with when they got killed.  I only saw base camp three times
while I was in Vietnam.  In a separate statement written across one of
the statements of support he submitted, he wrote, "I was with all the
heroes when they got killed.  They were all my buddies.  I would like for
this Combat Infantryman Badge to be put on my DD Form 214.  I worked with
a lot of infantry units.  I am lucky to be alive today."

3.  In support of his request for reconsideration, the applicant
submitted six documents, including:  three statements from leaders in his
unit while he served in Vietnam; a photocopy of his Vietnam-era-related
ribbons and a Combat Infantryman Badge; a copy of a DD Form 215,
Correction to DD Form 214; a 9-page list of Soldiers whom he alleges were
killed in action.

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
AR20050003695, on 8 December 2005.

2.  Item 38 (Record of Assignments), of the applicant's DA Form 20,
Enlisted Qualification Record, shows he completed basic combat and his
advanced individual training at Fort Knox, Kentucky.  Upon completion of
his training, he was awarded the MOS 11D, Armor Intelligence Specialist.

3.  Item 22 (Military Occupational Specialties), of the applicant's DA Form
20, shows he was awarded and held but one MOS while he served on active
duty.  The MOS he was awarded and held was the MOS 11D.

4.  Item 23a. (Specialty Number and Title), of the applicant's DD Form 214,
shows he held the MOS 11D on the date he was released from active duty.
5.  The applicant records show he served in the Republic of Vietnam from
11 July 1967 through 10 July 1968 with Troop B, 1st Squadron, 11th Armored
Cavalry Regiment.  Item 38, of his DA Form 20, shows he initially served in
the duty MOS 11C (Assistant Mortar Gunner) and on 3 September 1967, he was
reassigned to duties as a Scout Driver, in the duty MOS 11D.

6.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers and to enlisted and warrant officer
personnel who have an infantry MOS (emphasis added).  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 [now the Human Resources 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.

7.  The policy in U.S. Army Vietnam Regulation 672-1, Appendix V, paragraph
2, states, in part, "The criteria contained in paragraph 96, AR 672-5-1,
are based on the principle that the infantry MOS identifies the man who is
trained, lives, and fights as an infantryman.  The Combat Infantryman Badge
is the unique award which was established to recognize the infantryman, and
only the infantryman, for his service."  The policy is continued in the
following paragraph, and states, "The term 'smaller size' infantry unit
used in paragraph 96, AR 672-5-1 is a unit of squad, platoon or company
size.  For example, personnel possessing an infantry MOS in a rifle squad
of an armored cavalry troop would be eligible for award of the Combat
Infantryman Badge, if other criteria were met."

7.  The Memorandum for Record addressed "To:  Whom it May Concern" written
by  the former Troop Commander, Troop B, 1st Squadron, 11th Armored Cavalry
Regiment, addresses actions and describes events that transpired on 29
January 1968, in his unit, while he was troop commander.  The memorandum,
it appears was written for another person, LT R*****s, but apparently was
made available to the applicant.

8.  In a two and a half page statement of support submitted by the
applicant's former platoon leader in Vietnam, the former lieutenant tells
about his assignment in Vietnam, the applicant's presence in his unit, how
they came to be reacquainted after all the years since Vietnam and he
reminisces about the Soldiers who lost their lives in Vietnam.  The former
platoon leader expresses concern because of denial of a claim the
applicant had made with the Department of Veteran Affairs.  He also states
his lack of knowledge about the applicant turning down a Purple Heart;
however, he states that if there is no record the applicant received the
Combat Infantryman Badge, he believes this to have been an administrative
error. He states the applicant told him in a telephone conversation he had
received the Combat Infantryman Badge on his return from Vietnam and he
has no reason to disbelieve him.  He adds, "Every enlisted Soldier in
Troop B with 11D20/40 MOS during the time we were there qualified for the
Combat Infantryman Badge and it should have been awarded."

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Combat Infantryman Badge, the evidence must show that
an applicant held and served in an infantry MOS while assigned or attached
to an infantry unit of brigade, regimental or smaller size, and must have
served in active ground combat while assigned or attached to this infantry
unit.

2.  The evidence shows the applicant was awarded and held the MOS 11D as
his primary MOS throughout his service time.

3.  While there is evidence the applicant served in the MOS 11C, an
infantry MOS, there is no evidence he held an infantry MOS and that he
was ever assigned or attached to an infantry unit of brigade, regimental,
or smaller size.  The evidence clearly shows the applicant was a member
of an armored cavalry regiment and held the MOS 11D and was performing
duties in that MOS.

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.  Based on the available evidence, the applicant is not entitled to award
of the Combat Infantryman badge and to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__KLM__  ___PM___  _KSJ ___  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 AR20050003695 dated 8 December 2005.




                                  ____Kenneth L. Wright____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015606                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070510                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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