IN THE CASE OF:	  

		BOARD DATE:	 22 April 2010 

		DOCKET NUMBER:  AR20090014947 


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.

2.  The applicant states:

* his original record of proceedings glaringly omits a key piece of evidence (he was awarded the Bronze Star Medal) that contradicts the conclusion there is no evidence of his participation in ground combat
* his citation for the Bronze Star Medal specifically makes note of his conduct under enemy automatic and small arms fire 
* during the period August through December 1967 the unit records of Advisory Team 87 must contain references to the fact he was assigned to the 52nd Ranger Battalion and the fact that the 52nd Ranger Battalion was engaged in combat operations
* Ranger Battalions were per se combat units and that was their only and primary function
* advisors to Ranger Battalions all accompanied their battalions to the field on combat operations
* there were no advisors to Ranger Battalions that remained at base camp performing non-combat functions
* as the radio operator for the 52nd Ranger Battalion on several occasions he accompanied squad-sized Ranger units on night ambush operations and on daytime reconnaissance patrols 
* during combat operations he kept a small U.S. Army issued pocket memorandum/booklet of notations of radio frequencies assigned for a particular operation and of combat reports for which he could be called upon to make as the radio operator
* these various diary entries record day-to-day field combat operations of the 52nd Ranger Battalion
* the 52nd Ranger Battalion was an elite combat unit which performed aggressively and with distinction
* he was privileged to accompany those men into combat and he is very proud of his service with them
* he served the required time in a combat unit engaged in combat operations and is entitled to the Combat Infantryman Badge    

3.  The applicant provides:

* one photograph of advisors assigned to the 52nd Ranger Battalion
* six photographs of the 52nd Ranger Battalion taken during combat operations in 1967
* one photograph of a Vietnamese Ranger preparing his hammock and poncho shelter for the night
* numerous pages from his U.S. Army issued pocket memorandum/booklet  

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 AR20090002783, on 16 July 2009.

2.  The applicant's contention his citation for the Bronze Star Medal which states "in connection with ground operations against a hostile force in the Republic of Vietnam" is evidence of his participation in ground combat is a new argument which will be considered by the Board.  Also, the photographs and pages from his U.S. Army issued pocket memorandum/booklet are new evidence which will be considered by the Board.  

3.  The applicant enlisted in the Regular Army on 1 December 1965 for a period of 3 years.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 11B assigned to the United States Military Assistance Command from 10 June 1966 through 4 October 1966.  He served as a clerk typist (MOS 71B) assigned to Advisory Team 87 of the III Corps Advisory Group from 5 October 1966 to August 1967.  He served in MOS 11B assigned to Advisory Teams 87 and 89 of the III Corps Advisory Group from August 1967 through 20 December 1967.  On 2 December 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  

4.  The applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized award.   

5.  There are no orders for the Combat Infantryman Badge in the applicant's service personnel records.  

6.  Documents contained in the applicant’s Official Military Personnel File indicate that in November 1967 the applicant was authorized to accept and wear the “Ranger Badge” presented to him by the Government of Vietnam.  A statement accompanying the authorization document from the Republic of Vietnam Armed Forces notes the applicant “has effectively served with Ranger Forces at the 52nd Ranger Battalion since 1 August 1967” and that “he is authorized to wear the Ranger Badge and Uniform.”  The statement was signed by the Commander, Ranger Forces, Republic of Vietnam Armed Forces on 20 September 1967 and translated by a United States Naval Reserve officer in Vietnam.

7.  Headquarters, United States Military Assistance Command, Vietnam General Orders Number 2299, dated 1 December 1967, show the applicant received the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period June 1966 to December 1967.  The citation for this award states "For distinguishing himself by outstanding meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period June 1966 to December 1967.  Through his untiring efforts and professional ability, he consistently obtained outstanding results.  He was quick to grasp the implications of new problems with which he was faced as a result of the ever changing situations inherent in a counterinsurgency operation and to find ways and means to solve those problems.  The energetic application of his extensive knowledge has materially contributed to the efforts of the United States Mission to the Republic of Vietnam to assist that country in ridding itself of the communist threat to its freedom.  His performance of duty was in keeping with the highest traditions of the United States Army and reflects great credit upon himself and the military service." 

8.  Army Regulation 600-8-22 (Military Awards) states 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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

9.  U.S. Military Assistance Command, Vietnam (MACV) Directive 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this directive listed advisor positions in MACV which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized.  Among these positions, “Senior Advisor, Mobile Advisory Team (includes assistant or deputy)” and "Infantry or Ranger Battalion Advisor (includes assistant or deputy)" were listed.

10.  Annex D (Key Phrases) of MACV Directive 672-1 states proposed citations must contain certain required key phrases vital to approval.  A proposed citation for the Bronze Star Medal should include the key phrase "in connection with ground operations against a hostile force in the Republic of Vietnam."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his citation for the Bronze Star Medal which states "in connection with ground operations against a hostile force in the Republic of Vietnam" is evidence of his participation in ground combat.  However, MACV Directive 672-1 states a citation for the Bronze Star Medal should include the key phrase "in connection with ground operations against a hostile force in the Republic of Vietnam."  That is, it was used whether the Bronze Star Medal was awarded to an infantryman or to a clerk-typist.  Therefore, his citation for the Bronze Star Medal cannot be used as the sole criterion for awarding the Combat Infantryman Badge.

2.  The photographs provided by the applicant, the pages from his U.S. Army issued pocket memorandum/booklet, and his service with the 52nd Ranger Battalion were carefully considered.  However, there is no evidence of record which shows the applicant served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size in Vietnam.  In addition, there are no orders for the Combat Infantryman Badge.  Therefore, there is insufficient evidence on 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 AR20090002783, dated 16 July 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)                                         AR20090014947





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ABCMR Record of Proceedings (cont)                                         AR20090014947



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