IN THE CASE OF:	  

		BOARD DATE:	  21 January 2009

		DOCKET NUMBER:  AR20080014992 


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 previously denied request for correction of his military records to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that a statement he rendered in support of a posthumous award recommendation for his former commander serves as proof that he participated in ground combat while serving in the Republic of Vietnam as an infantryman.  The applicant continues that his Department of Veterans Affairs Rating Decision for post traumatic stress disorder further corroborates his claim.

3.  The applicant provides copies of a letter from the National Archives and Records Administration, a daily staff journal, a supporting statement for an award recommendation, a casualty list, an extract from a website, two letters of support, and a Department of Veterans Affairs Rating Decision as documentary evidence 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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070007639 on 30 October 2007.

2.  The applicant provides copies of a letter from the National Archives and Records Administration, a supporting statement for an award recommendation, a casualty list, an extract from a website, and a Department of Veterans Affairs Rating Decision which were not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant's record shows that, on 2 November 1967, he enlisted in the Hawaii Army National Guard for a period of 6 years.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant was ordered to active duty for training from 17 November 1967 to 16 April 1968.  His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) for this period of service indicates that he did not receive any awards.  This form also shows that upon his release from active duty, the applicant was transferred back to the Hawaii Army National Guard.

5.  On 17 April 1968, the applicant was assigned for duty as an infantryman with the 1st Battalion, 299th Infantry Regiment, at Schofield Barracks, Hawaii.  On 13 May 1968, the applicant was ordered to active duty and directed to report to his unit.

6.  On 24 February 1969, the applicant was ordered for duty in the Republic of Vietnam.  On 5 April 1969, he was assigned duty as an apprentice wheel vehicle repairman, MOS 63A, with Headquarters and Headquarters Company, 2d Battalion, 27th Infantry Regiment, 25th Infantry Division.

7.  On 10 June 1969, the applicant was assigned for duty in his primary MOS as an infantryman with Company D, 2d Battalion, 27th Infantry Regiment.  He served in this position until his return to the United States on 13 September 1969.

8.  On 12 December 1969, the applicant was released from active duty and transferred back to the Hawaii Army National Guard.  He had attained the rank of specialist four (SP4)/pay grade E-4 and had completed a total of 1 year, 11 months, and 15 days of creditable active duty service.  The applicant’s DD Form 214 for the period from 13 May 1968 to 12 December 1969 is not available.  He has been issued a Certification of Military Service.

9.  The applicant's service personnel file is void of any evidence that he was ever recommended for or awarded the Combat Infantryman Badge.

10.  The applicant provides a letter from a representative of the Modern Military Records Textual Archives Services Division of the National Archives and Records Administration, dated 6 April 2004, which was rendered in reply to his request for information.  The representative informed the applicant, in pertinent part, that a search of his unit's historical records had located several hundred pages of documents and informed him how to obtain copies of the documents.  The representative stated that along with this letter, they provided the applicant copies of a listing of men from his unit who had been killed and a contemporaneous statement the applicant had provided in support of the Distinguished Service Cross which was awarded to his former commander, Captain K____.  A synopsis of the documents provided by the applicant is as follows:

	a.  Two DA Forms 1594 (Daily Staff Journal or Duty Officer's Log) covering activities of 2d Battalion, 27th Infantry Regiment, 25th Infantry Division, on 29 July 1969.  Item 19 of this form shows that Company D "received fire from their front."

	b.  The list of men from the applicant's unit who had been killed shows Captain K____ was killed on 29 July 1969.

	c.  The contemporaneous statement the applicant provided in support of the Distinguished Service Cross which was posthumously awarded to his former commander shows, in effect, that on 29 July 1969, Company D, 2d Battalion, 27th Infantry Regiment, 25th Infantry Division, came under heavy enemy fire while acting as a reactionary force for a surrounded Civilian Irregular Defense Group unit.

11.  The applicant provides an extract from the Virtual Wall Vietnam Veterans Memorial Internet website.  The extract contains personal, military, and casualty data on the applicant's former commander.  The extract shows that he was assigned to Company D, 2d Battalion, 27th Infantry Regiment, 25th Infantry Division.  The extract also shows the applicant's former commander died as the result of small arms fire from a hostile force while serving in South Vietnam on 29 July 1969.

12.  The applicant provides statements of support from two individuals who, essentially, attest that the applicant served with them in an infantry unit which was actively engaged in combat with a hostile force in the Republic of Vietnam.

13.  The applicant provides a Department of Veterans Affairs Rating Decision, dated 4 October 2004, which essentially shows he was awarded a 30-percent disability rating for having service connected post traumatic stress disorder.  This document also shows the reason for granting the applicant's disability rating was because evidence indicated he served in the Republic of Vietnam as an infantryman and was engaged in combat.
14.  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 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military records should be corrected to show award of the Combat Infantryman Badge was carefully considered and determined to have merit.

2.  Evidence contained in the applicant's service personnel record shows that he possessed an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while serving in the Republic of Vietnam.

3.  Evidence which has been made a matter of permanent record and was obtained from the Modern Military Records Textual Archives Services Division of the National Archives and Records Administration clearly shows the applicant participated in active ground combat while serving in an infantry MOS while assigned to an infantry unit of brigade, regimental, or smaller size while serving in the Republic of Vietnam.  These facts are further corroborated by statements from two people who were members of the applicant's unit.

4.  Based on the evidence in this case, the applicant is entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20070007639, dated 30 October 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge and adding this badge to his DD Form 214.



      __________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)                                         AR20080014992



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ABCMR Record of Proceedings (cont)                                         AR20080014992



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