IN THE CASE OF:	  

		BOARD DATE:		  24 November 2009

		DOCKET NUMBER:  AR20090010522 


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 award of either the Combat Infantryman Badge (CIB) or the Combat Action Badge (CAB).

2.  The applicant states, in effect, that in spite of the fact that he served in combat in the Republic of Vietnam and he had contact with the enemy on a regular basis, he was never awarded either the CIB or the CAB.  The applicant continues that when he recently applied to the Department of Veterans Affairs (VA) for benefits associated with exposure to Agent Orange and Post Traumatic Stress Disorder, he was informed that the process would be extremely slow unless he had a CIB or CAB to support his claim.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a self-authored letter explaining his experiences in the Republic of Vietnam, a Standard Form (SF) 180 (Request Pertaining to Military Records), and a letter from the National Personnel Records Center (NPRC) as documentary evidence 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 AR20090003318, on 28 May 2009.

2.  The applicant states he was not awarded the CIB or the CAB even though he was involved in combat in Vietnam.  The applicant was advised in the original processing of his case that the CAB was not in existence at the time he served on active duty in Vietnam and that it is not authorized for retroactive award prior to 18 September 2001.  Accordingly, he was not authorized award of the CAB.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant provides an SF 180 and a letter from the NPRC which were not previously reviewed by the ABCMR.  These are considered new evidence and as such warrant consideration by the Board.

4.  The applicant's record shows he enlisted in the Regular Army (RA) and he entered active duty on 10 April 1967.  He completed basic combat and advanced individual training.  Upon completion of training he was awarded military occupational specialty (MOS) 71N (Movement Specialist).  At a later date, his MOS was reclassified to 76Y (Unit and Organization Supply Specialist).  The highest rank he attained while serving on active duty was the rank/grade of specialist five (SP5)/E-5.  He served 2 years, 10 months, and 27 days prior to being honorably released from active duty and transferring to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 8 March 1969 to 2 March 1970.

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he was assigned to A Troop, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division, for duty as an Armorer.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the CIB.  A review of the applicant's official records fails to show that he was ever awarded or recommended for award of the CIB.

8.  A review of the applicant's official records fails to show that he ever held an infantry MOS or that he ever performed the duties of an infantryman in combat.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the CIB.
10.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the CIB.

11.  The applicant provides a self-authored account of his experiences in the Republic of Vietnam.  He states, in effect, that he was responsible for transporting troops and supplies in addition to repairing small arms for the troops in the field.  The applicant continues that during the performance of his duties, he was in contact with the enemy on a regular basis.  Some examples of this enemy contact include when he was transporting troops and supplies, while conducting patrols, and when his unit was attacked and overrun at a landing zone.  The applicant concludes that he participated in combat and he was exposed to the deaths of numerous comrades.

12.  The applicant provides an SF 180, dated 26 January 2009, which, in pertinent part, shows he asked the NPRC to review his service records and provide documentation to support his application for benefits and the "Replacement of CIB CAB - all other badges."

13.  The applicant provides an NPRC, Military Personnel Records, St. Louis, MO, letter, dated 27 April 2009, which was rendered in response to his request.  In pertinent part, this letter informed the applicant that no record was found to show that he was authorized either the CIB or the CAB.  This letter also informed the applicant if he felt that an error or injustice had been made in his record, he could submit an application for correction of his record to the ABCMR.

14.  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.  The regulation stated that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

15.  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.  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 infantryman.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years. While the exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, it does not serve as a basis for the award of the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show that he was awarded the CIB for his service in the Republic of Vietnam was carefully considered.

2.  The applicant's OMPF is void of any orders or other documents indicating that he was ever recommended for or awarded the CIB by proper authority while serving on active duty.  The CIB is not included in the list of awards contained in item 41 of his DA Form 20.  Additionally, a review of the ADCARS database failed to reveal any orders for the CIB.

3.  By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry MOS in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.

4.  Although the evidence of record shows the applicant served in a cavalry unit, both his record and his self-authored statement show that he did not possess an infantry MOS.

5.  The applicant did not possess an infantry MOS and did not perform the duties of an infantryman in an infantry unit.  Accordingly, he is not entitled to award of the CIB.

6.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  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.

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 AR20090003318, dated 28 May 2009.



      __________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)                                         AR20090010522



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ABCMR Record of Proceedings (cont)                                         AR20090010522



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