IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080010259
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, in effect, requests reconsideration of the Army Board for Correction of Military Records (ABCMR) denial of his request for award of the Combat Infantryman Badge.
2. The applicant states that his award of the Army Commendation Medal bolsters his claim that he was assigned as a Mortar Crewman to Company B, 2nd Battalion, 25th Infantry Division. He further states his award of the Army Commendation Medal was for meritorious achievement in connection with military operations against a hostile force.
3. The applicant provides a copy of a letter, dated 26 March 2008, from the National Archives and Records Administration (NARA) in College Park, Maryland with one enclosure.
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 AR20070015812, on 26 February 2008.
2. In the original findings, the ABCMR determined that the requirements for award of the Combat Infantryman Badge which indicate that an individual must have engaged the enemy in combat while assigned to an infantry unit could not be established through the available evidence of record.
3. The applicant has not submitted any evidence that was not previously in his military service records and previously reviewed. However, he has submitted a new argument which requires that his case be reconsidered by the ABCMR.
4. The applicant argues that his award of the Army Commendation Medal was for meritorious achievement in connection with military operations against a hostile force.
5. The applicant's records show he was assigned the military occupational specialty 11C (Infantry Indirect Fire Crewman) on 21 June 1968.
6. Headquarters, II Field Force Vietnam General Orders Number 585, dated
7 March 1971, awarded the Army Commendation Medal to a list of 40 Soldiers for meritorious achievement in connection with military operations against a hostile force. The applicant, with an MOS of 11C, is among those listed and his dates of service for the award is shown as from 26 July 1970 to 19 February 1971.
7. Paragraph 8-6 of Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge. This 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. Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.
8. 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 applicant contends his award of the Army Commendation Medal bolsters his claim for the Combat Infantryman Badge because the award was for meritorious achievement in connection with military operations against a hostile force and that he was assigned as a Mortar Crewman to Company B, 2nd Battalion, 25th Infantry Division.
2. There was never any question that the applicant was assigned to Company B, 2nd Battalion, 25th Infantry Division. The orders for the award of the Army Commendation Medal indicate the reason for the award was for meritorious achievement in connection with [emphasis added] military operations against a hostile force. However, this award in and of itself does not show the applicant was engaged in active ground combat with the enemy.
3. 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 that requirement.
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 AR20070015812, dated 26 February 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) AR20080010259
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ABCMR Record of Proceedings (cont) AR20080010259
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