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ARMY | BCMR | CY2010 | 20100016982
Original file (20100016982.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100016982 


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 request for award of the Combat Infantryman Badge.  

2.  He states, in effect, the Board allows for a request for reconsideration and he is submitting two letters that attest to his presence in battle.

3.  He provides a letter from the Board and letters from two former service members of the 1st Cavalry Division.

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 AR20090015825, on 2 March 2010.

2.  The applicant provides letters from two former service members of the 1st Cavalry Division as new evidence that will be considered by the Board.

3.  His records show he was inducted into the Army of the United States on 8 November 1968.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman.)  

4.  He served in Vietnam from 27 October 1969 through 15 August 1970 during four campaigns.  He was assigned to Company B, 1st Battalion, 12th Cavalry, 1st Cavalry Division and served in MOS 11B as a Squad Leader.

5.  He was honorably released from active duty on 13 August 1970 as an overseas returnee in pay grade E-5.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists the following awards:  the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  

7.  There are no orders in his records awarding him the Combat Infantryman Badge.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) also does not show award of the Combat Infantryman Badge.

8.  He provides a letter from two former service members, dated 15 and 31 May 2010, respectively.  These letters each state the applicant was attached to the 1st Cavalry as a forward observer (FO) during service in Vietnam.  One former service member, an artillery liaison officer, stated "Early the next morning (date unknown), the platoon was hit with what was believed to be a regimental size ground attack, he was above the applicant in a helicopter, and helped him to efficiently direct tube artillery and cobra fire.  After about three hours of intense ground fire the platoon was reinforced with other platoons from the company and the cache was destroyed.  The applicant performed as a true professional by doing the job of FO (with minimal training) under heavy attack from enemy fire."  The other former service member, an artillery crewman, stated, "Being the applicant's original MOS was 11B, he respectfully requested the applicant to be awarded his much deserved and long-awaited Combat Infantryman Badge."

9.  He was issued a DD Form 215 (Correction to DD Form 215), dated 24 March 2010, adding the Army Good Conduct Medal, Valorous Unit Award, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, Republic of Vietnam Civil Action Honor Medal First Class Unit Citation Badge, Marksman Qualification Badge with Automatic Rifle and Rifle Bars, and Sharpshooter Qualification Badge with Machine Gun Bar to Item 24 of his DD Form 214.

10.  In an advisory opinion, dated 31 January 2011, the Director, Office of the Chief of Infantry, U.S. Army Infantry School, Fort Benning, GA, concurred with the request for awarding of the Combat Infantryman Badge to the applicant for his combat actions while serving in Vietnam from 1969 to 1970.

11.  The advisory opinion was forwarded to the applicant on 31 January 2011 and he concurred on the same day.

12.  Army Regulation 600-8-22 (Military Awards) specifies 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 (USARV) Regulation 672-1 (Awards and Decorations) 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 U.S. Army Infantry School favorably recommended the applicant for award of the Combat Infantryman Badge for his combat actions while serving in Vietnam from 1969 to 1970 in accordance with pertinent regulations.  Therefore, he is entitled to this award and its addition to his DD Form 214.

2.  In view of the foregoing, his records should be corrected as recommended below.

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 AR20090015825, dated 2 March 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. awarding the applicant the Combat Infantryman Badge; 

b.  adding this award to Item 24 of his DD Form 214; and 

   c.  providing him a document showing the above correction.



      ___________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)                                         AR20100016982



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ABCMR Record of Proceedings (cont)                                         AR20100016982


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