IN THE CASE OF:	  

		BOARD DATE:	        28 OCTOBER 2008

		DOCKET NUMBER:  AR20080010715 


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 of his request to be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that the Board only considered the issue of his military occupational specialties and not the reality of the actions that were endured in combat, regardless of the military occupational specialty (MOS) held. Accordingly, he should receive recognition for the actual combat endured. 

3.  The applicant provides two letters and a DD Form 214 from a retired master sergeant who served with the applicant in Vietnam.

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 AR20070013172, on 4 March 2008.

2.  The applicant arrived in Vietnam on 22 March 1969 and was assigned as the unit armorer/supply specialist of an aviation battalion.  He was promoted to the pay grade of E-5 on 15 September 1969.

3.  He departed Vietnam on 12 December 1969 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty as an overseas returnee.
4.  The supporting letters submitted by the applicant with his application from a retired master sergeant who served in Vietnam with him simply serves to support the evidence of record showing that the applicant was assigned to an aviation unit while in Vietnam.

5.  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.

6.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct.  Thus, pay records are frequently the best available source to verify entitlement to this award.  The Military Awards Branch of the U.S. Army Human Resources Command, (USAHRC) has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
     f.  Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)


DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he endured the actions of combat is not in doubt, the applicant was not serving as an infantryman assigned to an infantry unit at the time he engaged the enemy.

2.  Additionally, had the applicant been assigned as an infantryman, vice a supply specialist, he still would not have been eligible for award of the CIB because he was assigned to an aviation unit.

3.  Although it is a well known fact that Soldiers in all military occupational specialties may have at some time during times of war engaged the enemy, only the infantryman, who is assigned to an infantry unit and endures the day to rigors experienced by infantryman is entitled to be awarded the CIB when they engage the enemy in combat.

4.  Under today's standards, Soldier's in the applicant's situation could be awarded the Combat Action Badge; however, that award is not retroactive to the applicant's period of service.  Accordingly, there appears to be no basis to award him the CIB.

5.  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 the aforementioned 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 AR20070013172, dated 4 March 2008.




      _______ _ XXX______   ___
               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)                                         AR20080010715





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ABCMR Record of Proceedings (cont)                                         AR20080010715



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