BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100027172 


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
* Arrowhead Device with the Vietnam Service Medal
* Joint Service Commendation Medal

2.  As a new issue, the applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Campaign Ribbon [sic] (Republic of Vietnam Campaign Medal with "1960" Device).

3.  The applicant states according to his DA Form 20 (Enlisted Qualification Record) he was assigned as an infantryman in Vietnam and he was in the field, under fire when he was assigned in this military occupational specialty (MOS).  He understands the restrictions placed on the Combat Infantryman Badge.  Being an infantryman carries a special level of responsibility and value to the Army, as it should.  He feels the MOS he held should not be considered an armored cavalry scout MOS because his unit had two squads of infantrymen that did everything an infantry unit did.  They exclusively performed infantry tactics when they went out without their tracks.  They seldom got on the tracks for a movement.  He was assigned to one of these squads at the time.  When they patrolled and set night ambushes, they did so by themselves without their armored vehicles and they had to call for support from the armored vehicles just like any other infantry unit would.  He feels he earned the Combat Infantryman Badge.
4.  The applicant provides his DA Form 20 and a copy of the original Record of Proceedings.

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 AR20100010183, on 19 October 2010.

2.  The applicant did not provide any new evidence; however, he provides an argument which was not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant's records show he was inducted into the Army of the United States on 3 August 1966.  He completed on-the-job training (OJT) for military occupational specialty 11E (Armor Crewman) at Fort Knox, KY and he was awarded the MOS.

4.  His DA Form 20 shows he served in Vietnam from 29 August 1967 to 26 July 1968.  He was assigned as follows:

* Troop I, 3rd Squadron, 11th Armored Cavalry as a light weapons infantryman from 1 September to 5 October 1967
* Troop B, 3rd Squadron, 5th Cavalry, 9th Infantry Division as an armor crewman from 6 October 1967 to 26 May 1968

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and the Vietnam Service Medal with a bronze service star.

6.  On 1 March 2011, he was issued a DD Form 215 (Correction to DD Form 214) that added the:

* Purple Heart
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with "1960" Device

7.  He previously provided a declassified operational report for the quarterly period ending 30 April 1968 which details the 3rd Squadron, 5th Cavalry's military operations.  The report indicated Troop B had contact with the enemy three consecutive nights during route security operations on Route 2 between Blackhorse and Xuan Loc.  

8.  Army Regulation 600-8-22 (Military Awards) states 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 states 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.

9.  Department of the Army General Orders (DAGO) Number 48, dated 1971 announced award of assault landing credits to participating units in an airborne assault in the vicinity of Katum, Vietnam, between the hours of 0900 and 0907, inclusive 22 February 1967.  The arrowhead is authorized for wear on the Vietnam Service Medal for this assault landing in Vietnam.  Neither of the applicant's units is listed on this order.

10.  Army Regulation 600-8-22 states the "arrowhead" is worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the Vietnam Service Medal.

11.  The Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Combat Infantryman Badge, an Arrowhead Device with the Vietnam Service Medal, and the Joint Service Commendation Medal.  He also contends his DD Form 214 should be corrected to show the Republic of Vietnam Campaign Medal with "1960" Device.
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 available evidence shows the applicant completed OJT as an armor crewman and he was awarded MOS 11E.  His service record does not indicate he was awarded an infantry MOS.  He was assigned to an armored cavalry unit during his tour in Vietnam.  Notwithstanding his sincerity and combat service in Vietnam, regretfully, he has not met the eligibility requirements for award of the Combat Infantryman Badge because he was Armor, not Infantry.  

4.  On 1 March 2011, the applicant was issued a DD Form 215 that corrected his DD Form 214 to show award of the Republic of Vietnam Campaign Medal with "1960" Device and his record contains a copy of this DD Form 215.  His current application is dated 26 October 2010; he should have received the DD Form 215 by this time.

5.  With respect to the Joint Service Commendation Medal, this award is awarded by the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  However, the applicant's service record does not show he was authorized award of the Joint Service Commendation Medal, and the Army Board for Correction of Military Records has no authority to award a Defense medal.

6.  There is no evidence that the applicant was assigned or attached to a unit that received assault landing credit.  In addition, the assault credit was awarded for an assault in February 1967.  The applicant did not arrive in Vietnam until August 1967.  Therefore, there is insufficient evidence on which to base award of the arrowhead for wear on the applicant’s Vietnam Service Medal.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x__  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to the request for reconsideration, 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 AR20100010183, dated 19 October 2010.

2.  In regard to the new issue, the evidence presented does not demonstrate the existence of a probably error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   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)                                         AR20100027172



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ABCMR Record of Proceedings (cont)                                         AR20100027172



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