IN THE CASE OF:	  

		BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100014520 


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 previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Combat Infantryman Badge. 

2.  The applicant states:

* He was trained as an Operations and Intelligence Specialist which he performed with the 2nd Brigade, 4th Infantry Division
* He transferred to "K75 Infantry"
* The Army Board for Correction of Military Records (ABCMR) Proceedings state he was awarded the Bronze Star Medal for military operations against an armed hostile force;, however, the proceedings also state he is not eligible for the Combat Infantryman Badge
* He did not know he received the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which was awarded for accomplishing deeds of valor or display of heroic conduct while fighting an enemy force
* He believes he received hazardous combat pay which was $65.00 a month
* He is a proud American and a proud ranger
* He still sees faces of dead Vietnamese that he or his team killed





3.  The applicant provides:

* Two letters of support from individuals who contend they served with him during Vietnam
* His DD Form 214
* Special Orders Number 332 releasing him from active duty, and transferring him to the U.S. Army Reserve Control Group (Annual Training)
* Two pages of his DA Form 20 (Enlisted Qualification Record)

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 AR20090015805, on 15 April 2010.

2.  During its original review of the case, the Board found that while the applicant did serve in an infantry military occupational specialty (MOS) while assigned to an infantry unit, he did not meet all three of the basic regulatory requirements necessary to support award of the Combat Infantryman Badge, in that there is no evidence in the available record showing he was personally present and participated with a qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.  

3.  As new evidence and argument in support of his reconsideration request, the applicant provides two letters from individuals who contend that they served with him while he was in Vietnam.  In one letter, the individual states he was attached to the 4th Infantry Division as part of a long range reconnaissance platoon team and that the applicant was a member of the team.  The individual states the applicant was given the position of team leader; he was a competent and excellent non-commissioned officer; and he was awarded a Bronze Star Medal for bravery during Vietnam.

4.  In the second supporting letter an individual states he met the applicant in Vietnam and they were on the same ranger team.  The individual states that he and the applicant pulled several missions together and that during many of the missions they were in contact (firefights) with the enemy.  He states that they found themselves in some very bad situations at times and they always had to depend on each other to survive.  


5.  The applicant's record shows he was inducted into the Army of the United States on 13 January 1969.  He was trained in and awarded MOS 11F4P (Infantry Operations and Intelligence Specialist).  He arrived in Vietnam on 23 December 1969, and he was assigned to Headquarters and Headquarters Company, 2nd Brigade, 4th Infantry Division.  He was further assigned to Company K, 75th Infantry, 4th Infantry Division on 2 January 1970.

6.  The applicant departed Vietnam enroute to the U.S. on 17 November 1970.  He was honorably released from active duty on 28 November 1970, as an overseas returnee.

7.  The DD Form 214 he was issued shows he was awarded the following:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

8.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders showing he was ever awarded the Combat Infantryman Badge.  His MPRJ is also void of any other documents that indicate he was personally present and participated with a qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.

9.  In the applicant's previous application to the Board, he requested that his DD Form 214 be corrected to show he was awarded the Bronze Star Medal, the Combat Infantryman Badge, and the Purple Heart.  His DD Form 214 was amended to add the following awards:

* Bronze Star Medal with First Oak Leaf Cluster
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* One Overseas Service Bar

10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on award of the Combat Infantryman Badge.  It states, in pertinent part, that there are three basic requirements for 

award of the Combat Infantryman Badge.  They are that the member hold and serve in an infantry MOS; that he serve in an infantry unit of brigade, regimental or smaller size; and that he be personally present and participate with his qualifying infantry unit while it is actively engaged in ground combat with enemy forces.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's reconsideration request, his arguments, and the supporting statements were carefully considered.  However, as he has been previously advised, award of the Combat Infantryman Badge is limited to those Soldiers who hold and serve in an infantry MOS, in a qualifying infantry unit of brigade, regimental or smaller size, and who are personally present and participate with their qualifying infantry unit while it is actively engaged in ground combat with enemy forces.  He has not shown that he met the criteria for this award.

2.  The applicant's contention that the previous ABCMR Record of Proceedings clearly state he was in combat is without merit.  Military operations against an armed hostile force and being personally present and engaged in ground combat with enemy forces are not the same.

3.  Combat service, award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and/or hazardous duty pay do not, either individually or in sum, support award of the Combat Infantryman Badge and the statement, he submitted are not sufficiently mitigating to warrant the requested relief.

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 AR20090015805, dated 15 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)                                         AR20100014520



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ABCMR Record of Proceedings (cont)                                         AR20100014520



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