IN THE CASE OF:	  

		BOARD DATE:	        18 November 2008

		DOCKET NUMBER:  AR20080015378 


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 an earlier request for award of the Combat Infantryman Badge.  He also requests, as a new issue, that item 23a (Specialty Number and Title) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show military occupational specialty (MOS) 11B2O (light weapons infantryman). 

2.  The applicant states, in effect, that the injustice to him and other fellow Vietnam veterans he has spoken with is in awarding the Combat Infantryman Badge to only Senior Advisors, Mobile Advisory Team (includes assistant or deputy), and radio operators on a tactical mission.  He points out that there is no mention of infantry personnel assigned to defend the compound that protects the Senior Advisor while not in the field and that when incoming attacks happen the Senior Advisor is down in the bunker running the show while the security platoon is already in place to engage.  He also states that he believes when U.S. Military Assistance Command, Vietnam (MACV) Directive 672-1 (Awards and Decorations) was written there did not exist a Security Platoon to be included for consideration of the Combat Infantryman Badge.  He further states that not to acknowledge and give special consideration for the Combat Infantryman Badge to Vietnam veterans who served on MACV Advisory Teams as compound security would be an injustice.   

3.  The applicant provides, in support of his application, a letter of support dated 19 July 2007 from a first lieutenant at the time in question.  

4.  The applicant also provides a copy of his DD Form 214; a letter of support, dated 16 November 2006, from a fellow Soldier at the time in question; promotion orders, dated 18 January 1970; a recommended list for promotion; a document pertaining to military operations; and a citation for the Army Commendation Medal, which were previously considered by the Board. 

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 AR20060016523 on 31 May 2007.

2.  The applicant provided a letter, dated 19 July 2007, from a first lieutenant at the time in question.  He attests that the applicant was assigned to the security platoon with MACV Advisory Team 32 from October 1969 to November 1970, that the base camp was subject to frequent but intermittent mortar attacks at night by local Viet Cong units when members of the security platoon manned the guard towers, and that MACV Team 32 was in a remote hostile area far from other U.S. units.    

3.  The 19 July 2007 letter of support provided by the applicant is new evidence which will be considered by the Board.

4.  The applicant was inducted on 15 April 1969.  He was awarded MOS 05B (radio operator).  On 7 January 1970, he was promoted to specialist four in MOS 11B2O and awarded primary MOS 11B2O and secondary MOS 05B2O.  Primary MOS 05B2O was withdrawn.        

5.  The applicant was assigned to Advisory Team 32, MACV in Vietnam from 
10 October 1969 through 17 November 1970.  He was released from active duty on 18 November 1970.  

6.  The applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized award.  Item 23a on his DD Form 214 shows the entry, "05B2O RADIO OPR" [operator].

7.  There are no orders for the Combat Infantryman Badge in the available records.  



8.  The applicant provided a citation for award of the Army Commendation Medal for meritorious service during the period October 1969 to September 1970 which states, in pertinent part, that "while serving as Security Guard, Advisory Team 32, United States Military Assistance Command, Vietnam."  

9.  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 during the Vietnam era that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.  The regulation also states, in pertinent part, that the Combat Infantryman Badge is an award that would provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.

10.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed positions which qualified for award of the Combat Infantryman Badge.  The regulation authorized award of the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.  The regulation states that personnel having the primary duty of security guard were not eligible for award of the Combat Infantryman Badge.  

11.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that the primary MOS code number and title would be entered in item 23a on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held MOS 05B and MOS 11B and served as a security guard in these MOSs while assigned to Advisory Team 32, MACV.  There is no evidence of record which shows the applicant served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  In accordance with the governing regulation, personnel having the primary duty of security guard were not eligible for award of the Combat Infantryman Badge.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
2.  Orders show the applicant was awarded primary MOS 11B2O effective 
7 January 1970.  Therefore, item 23a on his DD Form 214 should be corrected to show this MOS.  

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 AR20060016523, dated 31 May 2007.

2.  With regard to the applicant's new issue to correct item 23a on his DD Form 214, the Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  deleting the entry in item 23a on his DD Form 214; and 
   
   b.  adding the entry, "11B2O Light Weapons Infantryman" in item 23a on his DD Form 214.



      ________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)                                         AR20080015378



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ABCMR Record of Proceedings (cont)                                         AR20080015378



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