IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20080007151


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration for award of the Combat Infantryman Badge.

2.  The applicant states in his letter to his Congressman, in effect, that contrary to the Army Board for Correction of Military Records (ABCMR) decision, he was involved in combat during his period of service in the Republic of Vietnam.  He continues to describe combat events.

3.  The applicant states in his letter to his Congressman that he provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application for reconsideration.  He also provides a brief chronological summary of his military service, miscellaneous undated extracts of internet postings regarding combat experiences in the Republic of Vietnam, and a copy of the referenced ABCMR decision.  The applicant further requests that the Army review the daily log books of his unit and the personnel records of two other Soldiers in support of his application.

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 AR20070013957 on 6 March 2008.

2.  The applicant's military service records show that he was inducted into the Army of the United States on 6 June 1968.  He completed basic training and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DD Form 214 shows that he was honorably separated from active duty and transferred to the United States Army Reserve Control Group (Annual Training) on 5 June 1970.  His DD Form 214 shows that he served a total of 2 years of creditable active military service during this period. The highest rank he achieved was sergeant/pay grade E-5.

4.  The applicant’s military service records show that he served in the Republic of Vietnam from 3 November 1968 through 17 April 1969 while assigned to the 2d Battalion, 12th Cavalry, 1st Cavalry Division.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending on 5 June 1970 does not show award of the Combat Infantryman Badge.

6.  The applicant's DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) dated 8 May 2008 does not show award of the Combat Infantryman Badge.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.

8.  The Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, does not contain any orders on file awarding the applicant the Combat Infantryman Badge.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge may be awarded to an infantry or special forces officer or an enlisted or warrant officer with an infantry or special forces MOS assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  The Awards Policy Branch of the Army Human Resources Command has advised in similar cases that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H during the Vietnam era.

10.  United States Army Vietnam Regulation 672-1 (Awards and Decorations) establishes policy governing award of the Combat Infantryman Badge for Army forces operating in South Vietnam.  Appendix V of this regulation specifically states that 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.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for reconsideration for award of the Combat Infantryman Badge was carefully considered and determined to be without merit.

2.  Although the applicant was awarded the MOS 11B, he was assigned as a light weapons infantryman to the 2d Battalion, 12th Cavalry, 1st Cavalry Division, during his service in the Republic of Vietnam.  Army Regulation 600-8-22 specifies that an infantry or special forces Soldier must be assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental or smaller size during any period such unit was engaged in active ground combat to qualify for award of the Combat Infantryman Badge.  Therefore, he is not entitled to award of the Combat Infantryman Badge.

3.  With respect to the applicant's request to research his unit's daily logs and review other Soldiers' records, the applicant is advised that the ABCMR operates pursuant to Section 1552, Title 10, United States Code.  The ABCMR considers individual applications that are properly brought before it and decides cases on the evidence of record; it is not an investigative body.  Requests are personal to the applicant; as such, the ABCMR has no authority to review military service records pertaining to individuals other than the applicant.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___X___   ____X___  ___X___  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 AR20070013957 dated 6 March 2008.



	________X____________
	CHAIRPERSON

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080007151





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ABCMR Record of Proceedings (cont)                                         AR20080007151



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