IN THE CASE OF:	  

		BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110013900 


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 correction of item 23a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 11B (Light Weapons Infantryman) and award of the Combat Infantryman Badge.

2.  The applicant states, in effect, he received the Air Medal and Army Commendation Medal while performing as an infantryman.  The Air Medal was given to him for participating in more than 25 aerial missions over hostile territory using light weapons. 

3.  The applicant provides:

* General Orders (GO) Number 10428 – Army Commendation Medal
* GO Number 2096 – Army Commendation Medal
* Citation, Certificate, and GO Number 10255 – Air Medal
* Unit Directory 
* DD Form 214

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 AR20100026184, on 4 May 2011.
2.  The applicant provides multiple awards and a unit roster which were not previously reviewed by the ABCMR.  They are considered new evidence and as such warrant consideration by the Board.

3.  His records show he was inducted into the Army of the United States on 8 July 1969.  Upon completion of basic combat training, he was reassigned to Fort Sill, OK, where he completed advanced individual training at the U.S. Army Training Center, Field Artillery, and he was awarded MOS 13A (Field Artillery Basic).

4.  On 12 November 1969, Headquarters, U.S. Army Training Center, Field Artillery, Fort Sill, OK, published Orders Number 316 reassigning him to Vietnam in MOS 13A.

5.  He served in Vietnam from 11 December 1969 to 8 February 1971.  During his service in Vietnam, he was issued the following orders:

* On 15 December 1969, Headquarters, 25th Infantry Division, published Orders Number 349 promoting him to private first class/E-3 in MOS 13A while assigned to Battery A, 7th Battalion, 11th Artillery
* On 4 April 1970, Headquarters, 25th Infantry Division, published Orders Number 94 reassigning him to Battery B, 7th Battalion, 11th Artillery, in MOS 13A
* On 29 May 1970, Headquarters, 25th Infantry Division, published Orders Number 149 promoting him to specialist four (SP4)/E-4 in MOS 13A while assigned to Battery B, 7th Battalion, 11th Artillery
* On 18 October 1970, Headquarters, 25th Infantry Division, published Orders Number 10255 awarding him the Army Commendation Medal for achievement while assigned to Battery B, 7th Battalion, 11th Artillery 
* On 23 October 1970, Headquarters, 25th Infantry Division, published Orders Number 10255 awarding him the Air Medal for achievement while assigned to Battery B, 7th Battalion, 11th Artillery 
* On 31 October 1970, Headquarters, 25th Infantry Division, published Orders Number 304 reassigning him from Battery B, 7th Battalion, 11th Field Artillery, to the 15th Replacement Detachment, 1st Cavalry Division, in MOS 13A
* On 7 November 1970, Headquarters, 1st Cavalry Division, published Orders Number 311 further assigning him to Headquarters and Headquarters Battery, 1st Battalion, 30th Artillery, in MOS 13A
* On 13 December 1970, Headquarters, 1st Cavalry Division, published Orders Number 21593 awarding him the Bronze Star Medal for service while assigned to Battery B, 1st Battalion, 30th Artillery 
* On 31 January 1971, Headquarters, 1st Cavalry Division, published Orders Number 2096 awarding him the Army Commendation Medal for achievement while assigned to Battery B, 1st Battalion, 30th Artillery 

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

* Item 22 (MOS) – the entry 13A, Field Artillery Basic
* Item 27 (Military Education) – the entry 13A, Field Artillery Basic, 9 weeks, 1969
* Item 28 (Specialized Training) does not show completion of infantry training
* Item 30 (Record of Assignments) – entries related to his assignments as a 13A; it does not show any entries for service in an infantry duty MOS

7.  On 10 February 1971, Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, published Orders Number 41 releasing him from active duty in the rank/grade of SP4/E-4 and in MOS 13A.

8.  On 10 February 1971, he was honorably released from active duty in the rank/grade of SP4/E-4 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining Reserve obligation.  

9.  Item 23a of his DD Form 214 shows his specialty as 13A and item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows his awards and decorations.  The Combat Infantryman Badge is not listed.

10.  He provides a unit roster of B Company that lists his name and his duty as an Artillery RTO (Radio Telephone Operator). 

11.  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.

12.  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.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for the award has changed little over the years.

2.  All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for award of the Combat Infantryman Badge.

3.  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.

4.  The applicant's records show he held an artillery MOS and served with Artillery units in Vietnam.  He was promoted in an artillery MOS and he was recognized/awarded multiple awards as an artilleryman.  There is no evidence in the available records that show he met any of the three qualifying conditions for award of the Combat Infantryman Badge.  

5.  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 show 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 change his MOS to infantryman or 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 AR20100026184, dated 4 May 2011.



      _______ _  _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)                                         AR20110013900



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ABCMR Record of Proceedings (cont)                                         AR20110013900



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