BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013093 


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 the Army Board for Correction of Military Records (ABCMR) decision denying him award of the Combat Infantryman Badge because he didn't have an infantry military occupational specialty (MOS).

2.  The applicant states the Army records incorrectly show his MOS as 64A (Light Vehicle Driver).  He volunteered for a change of MOS to 11B (Infantryman) while he was serving in the Republic of Vietnam.  He states his records should be changed to reflect his correct MOS and the Combat Infantryman Badge entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides copies of his orders:

* for promotion, dated 23 September 1968
* for separation, dated 3 November 1968

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 AR20090012582 on 22 December 2009.

2.  The orders for promotion and separation submitted by the applicant with his request for reconsideration are new evidence which require that his case be reconsidered by the ABCMR.  

3.  The applicant was assigned to Headquarters and Headquarters Company, 
1st Battalion, 22nd Infantry in the Republic of Vietnam from 6 April 1968 to 
2 November 1968.

4.  1st Battalion, 22nd Infantry Unit Orders Number 55, dated 23 September 1968, shows the applicant, among others, was promoted to the temporary grade of specialist four in the MOS of 11B.

5.  A review of the applicant's DA Form 20 (Enlisted Qualification Record) shows:

* item 22 (Military Occupational Specialties) contains no entry for the award of the MOS 11B
* item 33 (Appointments and Reductions) contains no entry for his promotion to specialist four
* item 48 (Date of Audit) shows the date 29 March 1968

6.  Headquarters, U.S. Army Personnel Center, Fort Lewis, WA Special Orders Number 308, dated 3 November 1968, released the applicant, among others, from active duty.  The applicant is identified on these orders with the MOS 
of 11B.

7.  On 4 November 1968, the applicant was released from active duty.  He had completed 1 year, 11 months, and 21 days of active service that was characterized as honorable.  Item 23a (Specialty Number & Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) contains the entry "11B20 Truck Driver."  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Combat Infantryman Badge.

8.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  This regulation stated that the primary MOS code number and title would be entered in item 23a of the individual's DD Form 214.

9.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, 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 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 his MOS is incorrectly reflected in his military personnel records and he should have been awarded the Combat Infantryman Badge.

2.  The entry in item 23a of the applicant's DD Form 214 is clearly incorrect.  His 
DD Form 20 does not show him being awarded the MOS of 11B.  However, 
the DD Form 20 also does not show his promotion to specialist four on 
23 September 1968.  The audit date of the DD Form 20 is 29 March 1968.  Therefore, his DD Form 20 was clearly not updated in a timely manner.

3.  The applicant's promotion orders show he was promoted to specialist four in the MOS of 11B.  His separation orders show his MOS as 11B.  Therefore, the preponderance of evidence in this case shows the applicant's MOS to be 11B.  Therefore, item 23a of his DD Form 214 should be corrected to show 11B2O Infantryman.

4.  In view of the above, the applicant held the MOS of 11B and he was assigned to an infantry company while in the Republic of Vietnam.  However, there is no evidence of record and the applicant has not submitted any substantive evidence that shows he served in active ground combat.  Therefore, there is insufficient evidence to award the Combat Infantryman Badge in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___x_____  ___x____  ____x _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20090012582, dated 22 December 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 23a of his DD Form 214 to read 11B2O Infantryman instead of 11B2O Truck Driver.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Combat Infantryman Badge.



      _______ _   _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)                                         AR20100013093





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ABCMR Record of Proceedings (cont)                                         AR20100013093



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