IN THE CASE OF:	  

		BOARD DATE:	        24 FEBRUARY 2009

		DOCKET NUMBER:  AR20080010793 


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, in effect, that he be reconsidered for award of the Combat Infantryman Badge.

2.  The applicant essentially states that Army Regulation 600-8-22 (Military Awards) provides that enlisted men serving in military occupational specialty (MOS) 11B (Light Weapons Infantryman) who served in ground combat while assigned or attached to an infantry unit are entitled to award of the Combat Infantryman Badge.  He also contends that while the previous Army Board for Correction of Military Records (ABCMR) proceedings indicated that he was assigned to an engineer battalion in Vietnam, an examination of the orders awarding him the Bronze Star Medal with "V" (for Valor) Device will show that his squad from the 65th Engineer Battalion was attached to the 1st Battalion, 14th Infantry Regiment on 19 November 1966 when they engaged North Vietnamese forces.  

3.  The applicant provides an undated self-authored letter addressed to the Director, ABCMR, page 3 from his previous ABCMR Record of Proceedings, and orders, dated 9 March 1967, which awarded him the Bronze Star Medal with "V" Device in support of this 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 ABCMR in Docket Number AR20080002580, on 6 May 2008.
2.  In the previous ABCMR proceedings, the applicant's request for award of the Combat Infantryman Badge was denied because although he possessed an infantry MOS and was wounded in combat while serving in Vietnam, he was assigned to an engineer battalion, and not an infantry unit of brigade, regimental or smaller size, which is one of the requirements for award of the Combat Infantryman Badge.  It should also be noted that item 35 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) does not list a duty title or duty MOS for his assignment with Company D, 65th Engineer Battalion.

3.  The applicant provided orders, dated 9 March 1967, which essentially show that he was awarded the Bronze Star Medal with "V" Device for heroism on 
19 November 1966 while assigned to Company D, 65th Engineer Battalion, 3rd Brigade Task Force, 25th Infantry Division.  These orders also show that on that date, he was serving as a member of a squad of engineers which was supporting elements of the 1st Battalion, 14th Infantry Regiment when the unit engaged two North Vietnamese Army battalions in an intense fire fight.  

4.  The applicant's military records contained orders, dated 3 April 1967, which essentially show that his demolition pay was terminated on 1 April 1967, and that his MOS was 12B (Combat Engineer) at the time.  

5.  Army Regulation 600-8-22 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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned or attached 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.  Battle or campaign participation credit alone is not sufficient; the infantry unit must have been in active ground combat with the enemy during the period.  The Awards Branch of the U.S. Army Human Resources 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.  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.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be reconsidered for award of the Combat Infantryman Badge.

2.  The evidence and argument provided by the applicant were carefully considered.  However, 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.  

3.  While the applicant contends that he was attached to the 1st Battalion, 14th Infantry Regiment on 19 November 1966, orders which awarded him the Bronze Star Medal with "V" Device only show that he was assigned to Company D, 65th Engineer Battalion, and that he was only serving as a member of a squad of engineers (emphasis added) which was supporting elements of the 1st Battalion, 14th Infantry Regiment when the unit engaged enemy forces on that date.  There are no orders in his military records, and the applicant did not provide orders which officially attached him to the 1st Battalion, 14th Infantry Regiment.  Additionally, while the applicant's DA Form 20 does not show what his duty title and duty MOS were for his assignment with Company D, 65th Engineer Battalion, orders which terminated his demolition pay on 1 April 1967 and also show that his MOS at the time was 12B suggest that he was performing duties as a Combat Engineer, and not in an infantry MOS during this assignment.  While the sincerity of the applicant's claim to entitlement to award of the Combat Infantryman Badge is not questioned, in view of the foregoing, there is no basis for awarding the Combat Infantryman Badge to the applicant in this case.
 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 AR20080002580, dated 6 May 2008.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      _______ _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)                                         AR20080010793



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010793



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1