IN THE CASE OF:	  

		BOARD DATE:	  4 November 2010

		DOCKET NUMBER:  AR20100014455 


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 he served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) and award of the Combat Infantryman Badge.

2.  The applicant states he served with Company D, 2nd Battalion, 503rd Infantry, 173rd Infantry Brigade (Airborne), from 16 August 1969 to 16 July 1970 and he changed his MOS to 11B2P ["P" indicates a special qualification identifier of parachutist] in January 1970.  He also states he was involved in nine combat assaults and seven firefights.

3.  The applicant provides statements from two former platoon sergeants.

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 AR20090015042 on 8 April 2010.

2.  The applicant provides statements from two former platoon sergeants which were not previously reviewed by the ABCMR.  They are considered new evidence and as such warrant consideration by the Board.

3.  His records show he enlisted in the Regular Army for a period of 2 years on 26 July 1968.  He completed basic combat training and proceeded to Fort Dix, NJ, for completion of advanced individual training in MOS 05B (Radio Operator). 
However, due to a medical condition, he was reassigned to another training unit on Fort Dix where he completed advanced individual training and was awarded MOS 94B (Cook).

4.  Following MOS training, he was reassigned to Fort Benning, GA, where he completed the Basic Airborne Course in February 1969.  Accordingly, on 13 February 1969, Headquarters, Student Brigade, U.S. Army Training Center, Fort Benning, GA, awarded him MOS 94B2P effective 27 January 1969.

5.  On 20 February 1969, he was reassigned to Headquarters and Headquarters Company, 1st Battalion, 325th Infantry, Fort Bragg, NC, in MOS 94B2P by authority of Special Orders Number 48, issued by Headquarters, 82nd Airborne Division.

6.  On 29 June 1969, he was ordered to report to the U.S. Army Overseas Replacement Station, Fort Lewis, WA, for movement to Vietnam as a cook in MOS 94B2O by authority of Special Orders Number 164 issued by Headquarters, 82nd Airborne Division.

7.  His records show he served in the Republic of Vietnam from 18 August 1969 to on or about 16 July 1970.  He was assigned as a cook in MOS 94B2P to Headquarters and Headquarters Company, 2nd Battalion, 503rd Infantry.

8.  On 20 November 1969, Headquarters, 173rd Airborne Brigade, published Special Orders Number 324 promoting him to specialist four (SP4)/E-4 in MOS 94B2P.

9.  On 10 February 1970, Headquarters, 173rd Airborne Brigade, published Special Orders Number 41 awarding him secondary MOS 11B2P effective 24 January 1970 upon completion of training at the 173rd Airborne Brigade School.  However, his DA Form 20 (Enlisted Qualification Record) shows the following entries:

	a.  Item 27 (Military Education) shows he completed the 8-week cook course for MOS 94B2O in 1969, but it does not reflect completion of any other military training courses.

	b.  Item 28 (Specialized Training) does not show completion of infantry training.

	c.  Item 38 (Record of Assignments) shows he served in duty MOS 94A (Cook Helper) or 94B throughout his military service; it does not show any entries for service in an infantry duty MOS.

10.  He was honorably released from active duty in the rank/grade of SP4/E-4 on 16 July 1970 and he was transferred to the U.S. Army Reserve Control Group for completion of his remaining Reserve obligation.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows the following entries:

	a.  Item 23a (Specialty Number and Title) shows the entry "94B2P Cook."

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Bronze Star Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and two overseas service bars.

11.  His records do not contain orders awarding him the Combat Infantryman Badge.

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Combat Infantryman Badge.

13.  He provided two statements as follows:

	a.  A statement, dated 4 April 2010, from Mr. D____ S____, U.S. Navy (Retired), wherein he states he served as the applicant's platoon sergeant in Vietnam from October 1969 to January 1970 and that the applicant was sent on many ambushes and combat assaults from helicopters under his direction.  Two particular combat assaults stand out due to being hot landing zones and the presence of sniper fire.  The former platoon sergeant adds that the applicant was sent to infantry school in An Khe around December 1969.  He remembers the applicant very well because the applicant was persistent in wanting to go to infantry school.  In January 1970, another platoon sergeant took over the platoon.  He understands from talking to the other platoon sergeant that the applicant was on Hill 214 where the platoon leader and others were killed.  He states that since the applicant's MOS was changed to 11B, the applicant is entitled to award of the Combat Infantryman Badge as he was actually in combat on various occasions.

	b.  A statement, dated 22 June 2010, from Mr. A____ M____, wherein he states he was the applicant's platoon sergeant in February 1970 and attests that he had been on patrols with the applicant who was a rifleman.  He also remembers the applicant was present as a rifleman when the company was on an operation on Hill 214.

14.  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.

15.  U.S. Army Vietnam Regulation Number 672-1 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 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 specialty should change to infantry and he should be awarded the Combat Infantryman Badge.

2.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

3.  The applicant's service in Vietnam and/or assignment to the 503rd Infantry Regiment is not in question.  Although he may have been awarded SMOS 11B, nothing in his records shows he performed infantry duties in Vietnam.  There is insufficient evidence that shows he was personally present with the qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat.  The witness statements he submitted were carefully considered; however, witness statements based on memory recalled some 40 years after the fact are insufficient by themselves to award him the Combat Infantryman Badge.

4.  Notwithstanding his and his former platoon sergeants' sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders to corroborate the events that occurred on Hill 214 and the applicant's specific involvement, or additional documentation that conclusively shows he was personally present with the qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat, there is insufficient evidence upon which to award him the Combat Infantryman Badge.

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 AR20090015042, dated 8 April 2010.



      _____________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)                                         AR20100014455



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ABCMR Record of Proceedings (cont)                                         AR20100014455



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