RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070015889 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy Sabree

Member

	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 reconsideration of his earlier request for award of the Combat Infantryman Badge.  He also requests the Board correct its error in awarding him the Sharpshooter Marksmanship Qualification Badge instead of the Expert Marksmanship Qualification Badge.  Additionally, he requests correction of his military records to add his squad leader training and advanced Infantry training.

2.  The applicant states, in effect, that the Board found him qualified as an expert marksman but inadvertently corrected his records to show his qualification as a sharpshooter.  He further states that he failed to state in his original application that upon his arrival in the Republic of Vietnam he was assigned in his primary military occupational specialty of 11B1O (Light Weapons Infantryman) to Company A, 3rd Battalion, 12th Infantry, 4th Infantry Division.  He explains that due to his civilian experience as an electrician he was temporarily reassigned to the Headquarters Command of the 4th Infantry Division, where he worked as an electrician with the combat engineers installing telephone poles and stringing high voltage lines.  When not needed for this duty, he went on combat patrol duty where he engaged the enemy to keep them from infiltrating the camp.    

3.  The applicant provides copies of orders awarding him the Expert Marksmanship Qualification Badge with Rifle Bar, orders directing training in MOS 11H1O, assignment orders, MOS award orders, promotion orders, and a photograph [subject indistinguishable.] 

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 AR20050012809 on 20 April 2006.

2.   Paragraph 7, CONSIDERATION OF EVIDENCE, in the Board's proceedings for Docket Number AR20050012809, states that the applicant's DA Form 20 (Enlisted Qualification Record) shows that he qualified as an expert with the 
M-14 rifle.  Paragraph 5, DISCUSSION AND CONCLUSIONS, of this same document states that the applicant's records show he qualified with the M-14 rifle and earned the Sharpshooter Badge.

3.  Special Orders Number 255, 1st Training Brigade, Fort Jackson, South Carolina, dated 23 November 1966, provided by the applicant, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  Special Orders Number 280, United States Army Training Center, Fort Jackson, South Carolina, dated 29 November 1966, provided that the applicant was to report for a 2-week training course at the Fort Jackson Leader School.  This order indicates that the applicant's MOS was 11B1O.  

5.  Item 27 (Military Education) of the applicant's DA Form 20, is blank.  There is no evidence of record showing that he completed this 2-week leadership course, or that he completed an advanced infantry course.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided, in pertinent part, that installation training courses, military correspondence courses, and off-duty courses, successfully completed during the period covered by the DD Form 214, would be entered in Item 25 (Education and Training Completed) of the DD Form 214.

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that on 11 March 1967, he was enroute to the Republic of Vietnam.  An assignment entry showing Company A, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division, was lined through.  The next entry, dated 14 April 1967, shows that the applicant was assigned for duty in MOS 71B2O (Clerk Typist) with the 4th Administrative Company, 4th Infantry Division.  The next entry, dated 25 March 1968, returns the applicant to the United States.

8.  Item 22 (MOS's) of the applicant's DA Form 20 shows that he was awarded a Primary MOS of 11B1O on 10 March 1967 [upon completion of Advanced Individual Training].  On 31 July 1967 [while in the Republic of Vietnam], his Primary MOS was changed to 71B2O, and 11B1O was awarded as his Secondary MOS.  On 1 March 1968, the applicant's Primary MOS was again changed, this time to 71H2O (Personnel Specialist) and his Secondary MOS became 52F2O (Electrician). 

9.   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 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.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as 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.

10.  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 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.
 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record, as well as orders provided by the applicant, clearly shows that the applicant qualified as an expert with the M-14 rifle.  Therefore, his records should be corrected to show this award. 

2.   The applicant's contention that he completed the advanced infantry course and a 2-week Squad Leader Course is not substantiated by any evidence of record.  Furthermore, the applicant has not provided any such evidence.  In view of this, the applicant's request for correcting his records to show this training should not be granted.  Should he have, or be able to obtain, such evidence as training completion certificates, he may request reconsideration.

3.  The evidence of record clearly shows that the applicant held a primary MOS of an infantryman when he reported for duty in the Republic of Vietnam.  This was changed to his secondary MOS soon after his arrival.  He was assigned to an administrative company for duty as a clerk typist for his entire tour of combat duty.  There is no substantiating evidence showing that he served with an infantry unit of brigade, regimental or smaller size.  Furthermore, there is no substantiating evidence showing that he engaged in actual ground combat.  Additionally, many Soldiers in the Republic of Vietnam performed security duties in addition to serving in their regular assignments.  The applicant’s request for award of the Combat Infantryman Badge should not be granted.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_QS __      __JRS __  __CLG __ GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented with regard to award of the Combat Infantryman Badge was insufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20050012809, dated 20 April 2006.  As a result, the Board recommends denial of so much of the application that pertains to this award.

2.  The Board further determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20050012809, dated 20 April 2006 to grant partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  deleting award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and

b.  adding the Expert Marksmanship Qualification Badge with Rifle Bar;

3.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief of the new issue as it pertains to adding squad leader training and advanced infantry training.  




__  Curtis L. Greenway ___
          CHAIRPERSON




INDEX

CASE ID
AR20070015889
SUFFIX

RECON
 
DATE BOARDED
20080115
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100.0700
2.
107
3.

4.

5.

6.