IN THE CASE OF:	  

		BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20110008670 


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 Army requests, through a court remand from the U.S. District Court for the District of Colorado, reconsideration of an earlier Army Board for Correction of Military Records (ABCMR) request to correct the applicant’s military records by adding the Combat Infantryman Badge (CIB) to his DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge).

2.  The applicant states that he was awarded the CIB by his commanding officer in Vietnam; however, the paperwork for that award was not prepared.  

3.  The applicant provides a copy of orders awarding his commanding officer the CIB and a copy of a DD Form 214 belonging to another Soldier showing that he was awarded the CIB.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the Board give the applicant’s request favorable consideration.

2.  Counsel states that the applicant has clearly shown he fulfilled all of the requirements for award of the CIB and his unit awarded him the CIB in Vietnam.  Accordingly, it should be added to his DD Form 214.




3.  Counsel provides:

* A statement from the applicant 
* Statements from the applicant’s former commanders
* A statement from the unit’s former adjutant
* A statement from his section leader, a copy of his DD Form 214, award orders, and letters
* orders from his former commander 

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 ABCMR in Docket Number AR20090012215, on 29 December 2009.

2.  The applicant enlisted in the Regular Army in Denver, Colorado on 13 May 1970 for a period of 3 years under the airborne training option.  He completed the training requirements, was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman), and was transferred to Fort Benning, Georgia to undergo airborne training.

3.  He successfully completed 3 weeks of airborne training and volunteered to attend 3 weeks of pathfinder training at Fort Benning.  Pathfinder training is not MOS dependent; the Soldier is taught how to:

* Navigate cross country on foot
* Establish and operate a daylight helicopter landing space
* Establish and operate a daylight parachute drop zone
* Conduct sling load operations
* Aircraft rappel
* Provide air traffic control and navigational assistance to aircraft within an operational site control zone

4.  The applicant completed pathfinder training and he was awarded the special qualification identifier (SQI) of “Y.”  He was then transferred to Vietnam on 13 January 1971 for assignment to Headquarters and Headquarters Company, 101st Aviation Group (Airmobile) for duty as a pathfinder.  He was promoted to the rank of corporal on 9 June 1971.

5.  On 22 December 1971, he departed Vietnam, and he was assigned to Headquarters and Headquarters Company, 227th Aviation Battalion, 1st Cavalry Division, Fort Hood, Texas for duty as a pathfinder.
6.  On 10 August 1973, he was honorably released from active duty (REFRAD) due to the expiration of term of service.  He had served 3 years, 2 months, and
28 days of active service and he was awarded the National Defense Service Medal, Parachutist Badge, Pathfinder Badge, Vietnam Service Medal with two bronze service stars, Bronze Star Medal, Republic of Vietnam Campaign Medal, Air Medal with Numeral 1, Good Conduct Medal, and Army Commendation Medal.

7.  The applicant provides copies of orders awarding the CIB to officers assigned to the same unit and he provides a copy of a statement from his commander at the time who is now a retired colonel.  The commander states that Army regulations relevant at the time authorized the applicant award of the CIB and he personally awarded the applicant the CIB at an unnamed firebase near the Laotian border on an unknown date.

8.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the Combat Infantryman Badge, 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.  From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the Combat Infantryman Badge to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation. 

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, states 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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Commanding officers of infantry regiments and separate infantry battalions were the award authorities and the award of the CIB is announced in Special Orders.

10.  U.S. Army Vietnam Regulation (USARV) 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge and provided exceptions to the regulations for award of the CIB.  That regulation makes no mention of an exception for award of the CIB to infantryman or pathfinders assigned to aviation units.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was awarded the CIB in Vietnam is not in doubt, he has provided no orders to show that such was the case and the available evidence fails to show that orders were published.

2.  The supporting statements from the applicant’s commander and platoon leader at the time, who were serving in the ranks of captain and first lieutenant, which state that they awarded the applicant the CIB have been noted; however, neither officer was authorized to award the applicant the CIB without orders issued by competent authority.

3.  While the ABCMR might feel compelled to add the CIB to his DD Form 214 if orders were issued, the fact that no orders are present and there is no evidence available to show that infantry members assigned to aviation units were authorized the award of the CIB, there is no basis to award him the CIB, or add it to his DD Form 214 at this time.

4.  Although the evidence of record clearly shows the applicant was an infantryman serving in Vietnam and in all likelihood did engage the enemy in combat as his supporting statements attest, the fact that he was assigned to an aviation unit prevents award of the CIB.  

5.  However, it should be noted that during the Vietnam era it was not uncommon for infantrymen to be used as door gunners and security guards and despite the fact that they engaged the enemy in combat they were not authorized award of the CIB because they were not assigned to infantry units at the time.

6.  The applicant has provided orders from other individuals (officers) who were awarded the CIB while assigned to the same aviation unit; however, the ABCMR cannot address why those officers were awarded the CIB absent some authority for award of the CIB to infantryman/pathfinders assigned to aviation units that is not apparent.  However, there appears to be no basis to award the applicant the CIB in this case.
BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board believed that the evidence provided (orders awarding the CIB to other officers in the unit and a statement from his former commander) supported awarding the applicant the CIB.  The Board also noted that the unit did have a Pathfinder Platoon, composed almost entirely of infantrymen.

2.  As a result, the Board determined that the overall merits of this case were sufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090012215, dated 29 December 2009, and recommended that all Department of the Army records of the individual concerned be corrected by adding the CIB to his DD Form 214.




      _______ _ XXX_____   ___
               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)                                         AR20110008670



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110008670



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1