RECORD OF PROCEEDINGS


	IN THE CASE OF:  


	BOARD DATE:	  04 April 2008
	DOCKET NUMBER:  AR20070016540 


	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.




Director



Analyst


The following members, a quorum, were present:




Chairperson



Member



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, in effect, reconsideration of his request for award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that the Army Board for Correction of Military Records (ABCMR), Record of Proceedings (ROP), dated 18 October 2007, denied him award of the CIB.  He adds the ABCMR, Consideration of Evidence section, paragraph 13, references the U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) that governed award of the CIB and states the “criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman.”   The applicant also states that according to his military service records, he accomplished this.  He adds that he was awarded primary military occupational specialty (MOS) 11B during his first term of service and awarded primary MOS 71N during his second term of service, leaving MOS 11B as his secondary MOS.  The applicant further states that during his second tour of duty in the Republic of Vietnam (RVN), he was assigned duty MOS 11B and served in combat situations.  Therefore, the applicant maintains “I did, in fact, train, live, and fight as an infantryman” and concludes by stating that being assigned in his secondary MOS of 11B, while he was assigned in the RVN from 25 March 1969 to 25 November 1969, meets the letter of U.S. Army Vietnam Regulation Number 672-1, if not the spirit of the regulation.

3.  The applicant provides a copy of an extract of his DA Form 20 (Enlisted Qualification Record), page 3, Item 38 (Record of Assignments).

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 ABCMR in Docket Number AR20070007306 on 18 October 2007.

2.  The applicant’s military service records show that he enlisted in the Regular Army for a period of 3 years on 16 March 1964.  Upon completion of basic combat training and advanced individual training, he was awarded primary MOS 11B (Light Weapons Infantryman).

3.  The applicant’s military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 8 December 1965.  Item 25a (Specialty Number and Title) shows he held MOS 11B1O, Light Weapons Infantryman.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar. 

4.  The applicant’s military service record show that he reenlisted in the Regular Army for a period of 6 years on 9 December 1965.  He attended the Movement Specialist course (MOS 71N) at the U.S. Army Training Support Center, Fort Eustis, Virginia, and was awarded MOS 71N as his primary MOS. 

5.  The applicant’s military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 4 March 1971.  Item 23a (Specialty Number and Title) shows he held MOS 71N1O, Movement Specialist.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Vietnam Service Medal and Republic of Vietnam Campaign Medal. 

6.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record) that was audited by the applicant on 30 October 1969:  

     a.  Item 22 (Military Occupational Specialties) shows the applicant was awarded MOS 11B (Light Weapons Infantryman) on 7 August 1964, MOS 11H (Infantry Direct Fire Crewman) on 25 January 1965, and MOS 71N (Movement Specialist) on 7 April 1966.  This item also shows, at the time of audit, his primary MOS was 71N2O, secondary MOS was 11H3O, and additional MOS was 11B2O.

     b.  Item 31 (Foreign Service) shows, in pertinent part, that he served in the RVN from 10 September 1966 through 8 August 1968 and also from 21 October 1969 through 7 February 1970.

     c.  Item 38 (Record of Assignments) shows, in pertinent part, that the applicant was assigned to the 300th Transportation Company (Terminal Support) in the RVN from 29 September 1966 through 31 July 1967, with principal duty as a movement specialist (manifest clerk) in duty MOS 71N2O.  He was then assigned to the 562nd Supply Company in the RVN from 1 August 1967 through 15 July 1968, with principal duty as a movement specialist in duty MOS 71N2O.  This item also shows the applicant was medically evacuated from the RVN on
16 July 1968.

     d.  Item 38 (Record of Assignments) also shows, in pertinent part, that the applicant was assigned to Headquarters and Headquarters Detachment, U.S. Army Support Command, Qui Nohn in the RVN from 25 October 1969 through
24 November 1969, with principal duty as a security guard in duty MOS 11B1O.  The applicant was then assigned to the 387th Transportation Company in the RVN from 25 November 1969 through 6 February 1970, with principal duty as a document clerk in duty MOS 71N2O.  This item also shows the applicant departed the unit absent without leave (AWOL) on 7 February 1970.

     e.  Item 41 (Awards and Decorations) does not show an entry for the Combat Infantryman Badge.

7.  There are no orders or other evidence in the applicant’s military service records that show he was awarded the Combat Infantryman Badge.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 8-6, provides for award of the Combat Infantryman Badge.  That paragraph states, in pertinent part, 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 or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

9.  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, “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 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 (emphasis added).  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his request for award of the Combat Infantryman Badge should be reconsidered because he held MOS 11B as his secondary MOS, served in duty MOS 11B, and also served in combat situations during his second tour in the RVN.

2.  The evidence of record shows that during the applicant’s first tour of duty in the RVN (i.e., from 10 September 1966 through 8 August 1968) he served in duty MOS 71N as a movement specialist while assigned to the 300th Transportation Company and also while assigned to the 562nd Supply Company (i.e., from
1 August 1967 through 15 July 1968) in the RVN.  Thus, the evidence of record fails to show that the applicant served as an infantryman who satisfactorily performed infantry duties, that he was assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit engaged in active ground combat, and that he actively participated in ground combat during his first tour of duty in the RVN.  Therefore, he is not entitled to award of the Combat Infantryman Badge for his service in the RVN during this period of service.

3.  The evidence of record shows that during the applicant’s second tour of duty in the RVN he served in duty MOS 11B as a security guard (emphasis added) from 25 October 1969 through 24 November 1969 while assigned to Headquarters and Headquarters Detachment, U.S. Army Support Command (emphasis added).  Thus, the evidence of record fails to shows that the applicant served as an infantryman who satisfactorily performed infantry duties (emphasis added), that he was assigned or attached to an infantry unit of brigade, regimental or smaller size (emphasis added) during such time as the unit engaged in active ground combat, and that he actively participated in ground combat (emphasis added) during this assignment.  Therefore, he is not entitled to award of the Combat Infantryman Badge for his service in the RVN during this period of service.

4.  The evidence of record shows that during the applicant’s second tour of duty in the RVN he also served in duty MOS 71N as a document clerk while assigned to the 387th Transportation Company (i.e., from 25 November 1969 through
6 February 1970).  Thus, the evidence of record fails to show that the applicant served as an infantryman who satisfactorily performed infantry duties, that he was assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit engaged in active ground combat, and that he actively participated in ground combat during this assignment.  Therefore, he is not entitled to award of the Combat Infantryman Badge for his service in the RVN during this period of service.

5.  There are no orders or other evidence to show the applicant was awarded the Combat Infantryman Badge.  In addition, the evidence of record fails to support the applicant’s contention that he met the strict criteria necessary for award of the Combat Infantryman Badge.  Specifically, there is no evidence that the applicant was assigned or attached to an infantry unit of brigade, regimental or smaller size while serving in the RVN.  Moreover, there is no evidence that he served in an infantry MOS while engaged in active ground combat while assigned to an infantry unit.  Therefore, in view of all of the foregoing, the applicant is not entitled to award of the Combat Infantryman Badge.

6.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__PBF __  __ENA__  __JCR___   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 AR20070007306, dated 18 October 2007.




___    Eric N. Andersen___
          CHAIRPERSON