IN THE CASE OF:	  

		BOARD DATE:	        26 February 2009

		DOCKET NUMBER:  AR20090000636 


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 correction of his records to show award of the Combat Infantryman Badge.

2.  The applicant states that he held an infantry specialty during his service in the Republic of Vietnam and that his records did not reflect his specialty due to what appears to be an administrative oversight.  He also states that he served as an infantryman and engaged the enemy on several occasions during this service.

3.  The applicant provides a self-authored letter, dated 13 November 2008; a copy of General Orders Number 1389, issued by Headquarters, U.S. Army Vietnam, on 28 March 1968; a copy of an information paper, dated 15 June 2001, regarding awards; a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 10 July 1968; a copy of his DD Form 215 (Correction to DD Form 214), dated 21 March 2002; and six photographs, in support of his request.

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 AR20080014042, on 6 November 2008.


2.  The applicant submitted a self-authored letter, dated 13 November 2008, in which he presents a new argument, and six photographs, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant's records show he was inducted into the Army of the United States on 25 July 1966.  He completed basic combat training at Fort Dix, New Jersey, and advanced individual training at Fort Knox, Kentucky, and was awarded military occupational specialty (MOS) 55A (Ammunition Helper).

4.  On 3 June 1967, Headquarters, U.S. Army Armor Center, published Special Orders 131 directing the applicant's reassignment to the Republic of Vietnam in MOS 55A.

5.  The applicant's records show he served in the Republic of Vietnam from on or about 15 July 1967 through on or about 14 July 1968.  He was initially assigned to the U.S. Army Vietnam (USARV) Transient Detachment in MOS 55A.

6.  On 28 August 1967, Headquarters, U.S. Army Headquarters Area Command, published Special Orders Number 208, announcing the applicant's appointment to the temporary grade of specialist four (SP4)/E-4 and awarding him MOS 76X (Subsistence Supply Specialist).

7.  On 9 January 1968, Headquarters, U.S. Army Headquarters Area Command, published Special Orders Number 9, directing the applicant's attachment to Headquarters and Headquarters Detachment, 716th Military Police Battalion, for duty with the Security Guard Company (Provisional).

8.  On 22 February 1968, the applicant was further attached to C Company 52nd Infantry where he performed duties as a security guard and a squad leader in duty MOS 11B (Light Weapons Infantry).  

9.  On 25 April 1968, Headquarters, U.S. Army Headquarters Area Command, published Special Orders Number 110, announcing the applicant's appointment to sergeant (SGT)/E-5 in MOS 76X.

10.  On 20 May 1968, Headquarters, U.S. Army Headquarters Area Command, published Special Orders Number 134, directing the applicant's reassignment, in MOS 76X, to the U.S. Army Transition Station in Oakland, California, for the purpose of separation.  


11.  The applicant's records show he was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 10 July 1968.  He completed 1 year, 11 months, and 16 days of net active service during this period of military service.

12.  Item 24 Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, and the Good Conduct Medal (1st Award).

13.  On 21 March 2002, the applicant was issued a DD Form 215 further awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Presidential Unit Emblem, the Meritorious Unit Emblem, and a "1960" Device to his already awarded Vietnam Campaign Medal.

14.  On 17 September 2002, the applicant was issued a second DD Form 215 further awarding him the Vietnam Service Medal with four bronze service stars.

15.  In his self-authored statement, dated 13 November 2008, the applicant states that upon arrival in Vietnam, he was supposed to work in his 55A MOS at Cam Ranh Bay; however, several Soldiers, including the applicant, were told they were being reassigned to C Company, 52nd Infantry and when some questioned this reassignment, they were told everyone's MOS was 11B.  He also states that the Board's earlier decision to deny him the Combat Infantryman Badge made him feel cheap and like he did not contribute to the war effort and made it seem like he was  doorman.  This is an injustice to him and to 27 of his unit buddies who were killed in action.  

16.  The applicant provided several photographs of what appears to be him during his service as a security guard in the Republic of Vietnam.

17.  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.


18.  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 military occupational specialty (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 contends that the decision to deny his earlier request for correction of his records to show award of the Combat Infantryman Badge should be reconsidered.

2.  All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  However, no other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years.

3.  The evidence of record shows that the applicant was reassigned to the Republic of Vietnam in MOS 55A; however, upon his arrival, he was awarded and held MOS 76X throughout the duration of his tour in Vietnam.  There is no evidence in the applicant's records and the applicant did not provide any evidence that he was awarded and/or held an infantry MOS during his military service.  Additionally, there is no evidence in the applicant's records and the applicant did not provide any substantiating evidence that shows he was assigned to an infantry unit of brigade, regiment, or smaller size, during such time as the unit was engaged in active ground combat or that he actively participated in such ground combat.

4.  In view of the foregoing evidence and notwithstanding the applicant's sacrifice in defense of this Nation, the applicant does not meet the criteria for award of the Combat Infantry Badge and is therefore not entitled to relief.

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 AR20080014042, dated 6 November 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 our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



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      _______ _   _______   ___
               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)                                         AR20090000636



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ABCMR Record of Proceedings (cont)                                         AR20090000636



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