IN THE CASE OF:	

		BOARD DATE:	  7 October 2008

		DOCKET NUMBER:  AR20080012534 


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 earlier request for award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he earned the Combat Infantryman Badge.

3.  The applicant provides a self-authored letter, dated 1 July 2008, 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 AR20080001186, on 17 June 2008.

2.  The applicant submitted a self-authored statement, dated 1 July 2008, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant's records show he was inducted into the Army of the United States on 23 May 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably separated in the rank/grade of sergeant (SGT)/E-5 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 22 May 1970. 
4.  The applicant's records also show he served in the Republic of Vietnam from 29 October 1968 to 23 October 1969.  He served as a team leader with Company A, 2nd Battalion, 1st Infantry Regiment, 196th Light Infantry Brigade, until his return to the United States on 23 October 1969. 

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United State Report of Transfer or Discharge), shows the applicant was awarded the National Defense Service Medal, the Army Commendation Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Machinegun Bar.  Item 24 does not show award of the Combat Infantryman Badge. 

6.  The applicant's records do not contain any orders that show he was awarded the Combat Infantryman Badge.

7.  In his self-authored letter, dated 1 July 2008, the applicant recalls his combat experience in Vietnam as follows:

	a.  on or around 19 March 1969, the lead squad of the 3rd platoon, A Company, 2nd Battalion, 1st Infantry was ambushed by heavy rifle, machinegun, and mortar fire from a well-fortified enemy position.  After a few Soldiers were killed and air support was called, A Company pulled back to a safe location and moved near a ridge where it dug in.  However, it again came under enemy small arms and machinegun fire, where more Soldiers were killed and/or wounded; and

	b.  he knows what it's like to be an infantryman and lived the life of an infantryman for 9 years [sic] (months) while serving in Vietnam.  He engaged the enemy and the only reason the Combat Infantryman Badge is not shown is due to an oversight.  When he returned from Vietnam and arrived at Fort Lewis, Washington, he was handed a new uniform with ribbons and medals, including the Combat Infantryman Badge 

8.  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.

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 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's request for reconsideration of his earlier request for award of the Combat Infantryman Badge was carefully considered; however, there is insufficient evidence to grant the applicant relief in this case.

2.  The applicant did not provide any evidence to substantiate his contention that he participated in active ground combat.  The applicant's infantry MOS, assignment to an infantry unit of brigade, regimental or smaller size, and service in the Republic of Vietnam are not in question.  Furthermore, his personal memoirs or recollection of events that happened in March 1969 are noted.  However, it does not sufficiently show that he ever engaged in active ground combat.  In the absence of evidence that he actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

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 AR2080001186, dated 17 June 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)                                         AR20080012534



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ABCMR Record of Proceedings (cont)                                         AR20080012534



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