IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100018267 


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 his records should reflect the correct history.

3.  The applicant provides:

* a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a certificate showing award of the Combat Infantryman Badge

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel requests, in effect, the applicant be awarded the Combat Infantryman Badge.

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 AR20070012266, on 8 January 2008.

2.  The applicant provides a certificate showing award of the Combat Infantryman Badge which was not previously reviewed by the ABCMR.  It is considered new evidence and as such warrants consideration by the Board.

3.  His records show he was inducted into the Army of the United States on 1 November 1965.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 12B (Pioneer).

4.  Following MOS training, he was reassigned to Fort Benning, GA, where he completed the Basic Airborne Course on 9 April 1966.

5.  His records show he served in the Republic of Vietnam from 4 December 1966 to 21 October 1967.  He was assigned as a Combat Engineer to Company A, 326th Engineer Battalion.

6.  On 1 June 1967, while in Vietnam, Headquarters, 1st Brigade, 101st Airborne Division, published Special Orders Number 123, advancing him to the rank/grade of specialist four (SP4)/E-4 while assigned to Company A, 326th Engineer Battalion.  The orders also awarded him MOS 12B2P ("P" for completion of airborne training).

7.  On 30 August 1967, also while still in Vietnam, Headquarters, 1st Brigade, 101st Airborne Division, published General Orders Number 1758, awarding him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force while assigned to Company A, 326th Engineer Battalion.

8.  His DA Form 20 (Enlisted Qualification Record) shows the following entries:

	a.  Item 27 (Military Education) shows he completed the 8-week Pioneer Course for MOS 12A in 1966, 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 12A Pioneer) or 12B (Combat Engineer) during his service in Vietnam; it does not show any entries for service in an infantry duty MOS.

9.  He was honorably released from active duty in the rank/grade of SP4/E-4 on 23 October 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his remaining Reserve obligation.  

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 and a subsequent DD Form 215 (Correction to DD Form 214) show the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal
* Army Commendation Medal
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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

12.  He provides a certificate, dated 21 October 1967, issued by the 1st Brigade, 101st Airborne Division, Vietnam, awarding him the Combat Infantryman Badge for active participation in infantry operations against an armed enemy of the United States.

13.  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.

14.  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.  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.

2.  The applicant's service in Vietnam is not in question.  Additionally, the certificate he provided is noted.  However, there is no evidence in his available records that shows he met any of the three qualifying conditions for this award.  He held an engineer MOS, he served with an engineer company, and there is no evidence that shows he was personally present with a qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat.

3.  Notwithstanding his sincerity, in the absence of official documentary evidence such as MOS orders, assignment orders, operation orders, morning reports, after action reports, official orders, or additional documentation that conclusively shows he held an infantry MOS, he served with an infantry unit, and 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 AR20070012266, dated 8 January 2008.



      ___________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)                                         AR20100018267



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ABCMR Record of Proceedings (cont)                                         AR20100018267



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