IN THE CASE OF:	

		BOARD DATE:	  18 May 2010

		DOCKET NUMBER:  AR20090019750 


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 award of the Combat Infantryman Badge.

2.  The applicant states that he served as an infantryman with the 4th Battalion, 31st Infantry, 196th Infantry Brigade, in the Republic of Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 2 February 1971; a copy of his DA Form 20 (Enlisted Qualification Record); and copies of 4th Battalion, 31st Infantry, DA Forms 1594 (Daily Staff Journal or Duty Officer's Log) for the period 14 September 1969 through 30 November 1969 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 AR20040007864 on 14 June 2005.

2.  The applicant submitted copies of 4th Battalion, 31st Infantry, DA Forms 1594 for the period 14 September 1969 through 30 November 1969 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 11 April 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

4.  His records also show he served in the Republic of Vietnam from on or about 11 September 1969 to on or about 1 September 1970.  He was assigned to Company A, 4th Battalion, 31st Infantry, as a rifleman from on or about 26 September 1969 to on or about 22 February 1970 and to Company E of the same battalion as an ammunition bearer/scout observer from on or about 22 February 1970 to on or about 1 September 1970.

5.  He was honorably released from active duty in the rank/grade of private first class/E-3 on 2 February 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, two overseas service bars, and Expert Marksmanship Qualification Badge with Rifle Bar 
(M-16).

7.  On 14 June 2005, the Board granted him partial relief for some awards, but denied the portion of his request that pertained to award of the Combat Infantryman Badge for lack of an order, recommendation, or other substantiating evidence to support award of the Combat Infantryman Badge.

8.  On 12 January 2006, he was issued a DD Form 215 (Correction to DD Form 214) that added the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars to his already-awarded Vietnam Service Medal.

9.  He submitted copies of several DA Forms 1594 for the 4th Battalion, 31st Infantry, during the period 14 September 1969 to 30 November 1969 and highlighted several entries to emphasize he was an active participant in ground combat while assigned to this unit.  Some of these entries are as follows:

* 15 September 1969, 1400 hours, S1 combat reassignment of 10 11B (Light Weapons Infantryman) to Company C and 5 11C to Company A
* 21 September 1969, 1134 hours, Company A, 4th Battalion, 31st Infantry, found unknown size bunker complex and one 82-millimeter round; everything else destroyed
* 21 September 1969, 1400 hours, Company A, 4th Battalion, 31st Infantry, received small arms fire from squad-size force; artillery processed with unknown results; enemy broke contact; U.S. casualties
* 21 September 1969, 2400 hours, Company A continued operations as fragment order along with local day patrols and reinforced squad ambushes resulting in enemy losses and U.S casualties
* 22 September 1969, 1425 hours, reconnaissance platoon released from Company A, 4th Battalion, 31st Infantry, and returned to battalion control; airlifted from landing zone
* 22 September 1969, 1430 hours, one squad of 3rd Platoon of Company A was ambushed
* 23 September 1969, 1400 hours, Company A, 4th Battalion, 31st Infantry, observed enemy movement, artillery fired, enemy evaded
* 24 September 1969, 2400 hours, Company A continued search and destroy operations in assigned area
* 5 October 1969, 1705 hours, Company A received eight enemy rounds; returned fire with unknown results
* 6 October 1969, 1643 hours, selected squads from Company A were ambushed by the enemy 
* 7 October 1969, 1600 hours, Company A commander observed enemy movement; company elements fired their 81-millimeter rounds on the enemy
* 7 October 1969, 1843 hours, Company A received enemy mortar fire; fired back at an enemy platoon-size; several U.S. casualties; dustoff urgently requested
* 18 October 1969, Company A conducted search and security mission in the area
* 3 November 1969, 1305 hours, 2nd Platoon of Company A engaged the enemy which evaded north
* 12 November 1969, 1600 hours, Company A engaged two enemy soldiers resulting in one casualty
* 15 November 1969, 2220 hours, Company A personnel were wounded by booby trap; requested dustoff

10.  Army Regulation 600-8-22 (Military Awards) provides 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge.

2.  The evidence of record shows he held an infantry MOS and he was assigned to an infantry unit in Vietnam.  The daily staff journals describe his unit's activities in Vietnam and clearly show his unit was involved in almost daily combat operations in Vietnam.

3.  Although the staff journals do not mention each unit member's name, it is reasonable to presume he was personally present and under hostile fire while serving in an assigned infantry primary duty with Company A, 4th Battalion, 31st Infantry, that was actively engaged in ground combat with the enemy.  Therefore, he met the requirements for award of the Combat Infantryman Badge and is entitled to correction of his records to show this award.

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 AR20040007864, dated 14 June 2005.  As a result, the Board recommends that all Department of the 


Army records of the individual concerned be corrected by awarding the applicant the Combat Infantryman Badge and adding this award 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)                                         AR20090019750



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ABCMR Record of Proceedings (cont)                                         AR20090019750



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