IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110006538 


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 requests for award of military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist) and award of the Combat Infantryman Badge (CIB).

2.  The applicant states:

	a.  When he was with the 1st Cavalry he asked about being awarded the CIB, but he was told his MOS had not been changed.  He did not follow up as he thought there was nothing further to be done at the time.  He found out after he left active duty that he was eligible to have his MOS changed and he was eligible for the CIB.

	b.  The new evidence is a letter from a former fellow Soldier he served with in Troop C of the 1st Cavalry.  The applicant was a member of the 3rd Platoon and the fellow Soldier was a member of the 2nd Platoon.  They trained together at Fort Hood and deployed to Vietnam together in August 1967.  The fellow Soldier attests to the applicant serving as a scout in combat missions.  The applicant points out that the fellow Soldier states the applicant did not serve as a tanker in Vietnam, but he wants to correct that because he did serve as a tanker early in his tour but he was transferred to the scout section after several months.

	c.  He would like to correct the following items in the Record of Proceedings:

* paragraph 3c(1) indicates he was a loader; he was primarily a driver, although he did serve as a loader
* paragraph 3c(2) indicates he was a clerk typist; he never served as a clerk typist
* paragraph 3d states the shrapnel wound he received on 4 March 1968 was to his left leg; the shrapnel wound was to his left shoulder and upper arm

3.  The applicant provides a statement from a fellow Soldier, dated 29 March 2011.

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 AR20100016748 on 16 December 2010.

2.  The applicant provides a statement from a fellow Soldier during the time in question, dated 29 March 2011.  The fellow Soldier attests:

* he served with the applicant in the Army at Fort Hood, TX, and in Vietnam
* he and the applicant served in Troop C, 1st Squadron, 1st Cavalry, 1st Armored Division, at Fort Hood, TX, from approximately January 1967 until their deployment to Vietnam in August 1967
* the applicant functioned and served in the capacity of an armored intelligence specialist in MOS 11D
* cavalry troopers assigned to armored cavalry assault vehicles (ACAV's) carried MOS 11B (Light Weapons Infantryman), MOS 11D, and mortar crewman, and each of these MOS designations qualified for and was awarded the CIB
* the applicant served in the 3rd Platoon as a crew member of Charlie-36, the 3rd Platoon Leader's ACAV
* to his knowledge and observation, the applicant never served as a tank crew member while in Vietnam, despite being assigned the tanker MOS
* all of the scouts in the squadron qualified for and were awarded the CIB
* as a member of the scout section of the 3rd Platoon, Troop C, 1st Squadron, 1st Cavalry Regiment, the applicant also qualified for the CIB

3.  The eyewitness statement is new evidence that will be considered by the Board.

4.  The applicant was inducted into the Army of the United States on 8 September 1966.  He completed training and was awarded MOS 11E (Armor Crewman).

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 22 (Military Occupational Specialties) that he was awarded primary MOS 11E2O (Armor Crewman) on 9 February 1967;

	b.  item 38 (Record of Assignments) that he served in:

		(1)  duty MOS (DMOS) 11E2O as a loader while assigned to Troop C, 1st Squadron, 1st Cavalry, in Vietnam from 10 August 1967 through 5 April 1968 [paragraph 3c(1) of Record of Proceedings];

		(2)  DMOS 71B2O as a clerk typist while assigned to Headquarters and Headquarters Company (HHC), Americal Division, in Vietnam from 6 April 1968 through 18 June 1968 [paragraph 3c(2) of Record of Proceedings]; and

		(3)  DMOS 11B1O as a light vehicle driver while assigned to HHC, Americal Division, in Vietnam from 19 June 1968 through 4 August 1968; and

	c.  item 40 (Wounds) that he sustained a shrapnel wound to his left leg on 4 March 1968 and back injuries and cuts on 11 March 1968 [paragraph 3d of Record of Proceedings]; and

	d.  item 48 (Date of Audit) that he last audited this form on 6 July 1968

6.  On 18 May 1968, the applicant was promoted to specialist four/E-4 in MOS 11E.

7.  On 10 August 1968, he was released from active duty.

8.  Item 23a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the entry "11E2O Armor Crewman."  His DD Form 214 does not show the CIB as an authorized award.

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

10.  Army Regulation 600-8-22 states the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  In announcing the badge, the War Department stated, "The present war has demonstrated the importance of highly proficient, tough, hard and aggressive infantry, which can be obtained only by developing a high degree of individual all-around proficiency on the part of every infantryman.  As a means of attaining the high standards desired and to foster esprit de corps in infantry units, the Expert and Combat Infantrymen Badges are established for infantry personnel."  The initial eligibility criteria for the CIB were to be an infantryman who exhibited exemplary conduct in actions against the enemy or by satisfactory performance of duty in action against the enemy in a major operation as determined and announced by the theater commander.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.

11.  The infantry badges were an instant success.  One of the first requests for a similar award was a badge which was to be named the Distinguished Merit Badge for Cavalry.  In disapproving the badge, the War Department stated, "The recommendation of the Commanding General, 1st Cavalry Division, that badges similar to the Expert and Combat Infantry Badges be adopted and authorized for issue to cavalrymen is not favorably considered.  The infantry badges were established primarily to foster esprit de corps in infantry combat units…"  The War Department did, however, authorize the infantry badges for dismounted cavalrymen of the 1st Division who were essentially performing as infantrymen.  This was a logical extension since dismounted cavalry regiments were cavalry in name only.

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  Appendix V provided that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  He contends his records should be corrected to show he was awarded MOS 11D and the CIB.

2.  The evidence shows he completed his training and was awarded primary MOS 11E.  He arrived in Vietnam on or about 9 February 1967.  His DA Form 20, which he last audited on 6 July 1968, shows he served as an armor crewman assigned to Troop C, 1st Squadron, 1st Cavalry, 1st Armored Division, and as a clerk typist and light vehicle driver assigned to HHC, Americal Division.  He accepted promotion to specialist four on 18 May 1968 in MOS 11E.  There is no evidence of record and he provides insufficient evidence to show his commander ever intended to change his MOS to 11D (which could have prevented his promotion to specialist four).

3.  In addition, the applicant states he performed duties as a scout.  His statement of support confirms the applicant performed duties as an armored cavalry assault vehicle crewman.  While the CIB was authorized for award to cavalrymen, it was never intended to be awarded to cavalrymen who were not dismounted rifleman.  The evidence provided by the applicant verifies he was not a dismounted rifleman; therefore, and notwithstanding the supporting statements contention that all of the scouts in the squadron were awarded the CIB, he did not meet the eligibility criteria for award of the CIB even if he had been awarded MOS 11D.

4.  There is insufficient evidence on which to base award of the CIB in this case.

5.  His request to correct three items in his Record of Proceedings was carefully considered.  However, since his DA Form 20 shows his DMOS as loader and clerk typist and indicates he was wounded in his left leg on 4 March 1968, there is insufficient evidence with which to amend these items in his Record of Proceedings.

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 the overall merits of this case are 


insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100016748, dated 16 December 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)                                         AR20110006538



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110006538



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1