IN THE CASE OF:	  

		BOARD DATE:	  19 April 2012

		DOCKET NUMBER:  AR20110020407 


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 (CIB).

2.  The applicant states he believes as an ex-military serviceman, he is being discriminated against.  He contends that "military knows military" implying that a civilian should not have denied his request.  He points out that the Record of Proceedings (ROP) is "doubletalk" when it states the case is final and then says he can request reconsideration.  Regarding his duty in the Republic of Vietnam (RVN), he states everyone was in peril no matter what their military occupational specialty (MOS).  He was with the Army Security Agency (ASA) and was assigned to infantry units.  He says "poo" to paragraph 6 of the ROP.  He lived, slept, ate, and fought.  What did the non-infantry Soldier do, "sit on his thumbs?" Because he may not get the CIB, he now says to take a look at the Combat Action Badge (CAB).  He contends that he was under mortar attack and saw a Soldier killed which was his combat stressor for his post traumatic stress disorder (PTSD) claim.  He agrees he was not what is considered "combat infantry", but he was combat.

3.  The applicant provides copies of the original ROP dated 1 September 2011; and an internet document describing the CAB.





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 AR20110000837, on 1 September 2011.

2.  The original ROP states the applicant:

	a.  held MOS 72B (Communications Center Specialist);

	b.  was assigned to the 3rd Radio Research Unit and later to the 509th Radio Research Unit while in the RVN; and

	c.  served in the RVN for 1 year from June 1966 to June 1967.

3.  Army Regulation 600-8-22 (Military Awards):

	a.  This regulation provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

	b.  It further provides that the requirements for award of the CAB are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the CAB.  However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the CIB or the Combat Medical Badge.  Award of the CAB is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the CAB are not authorized prior to 18 September 2001.

4.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the CIB 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.  Additionally Appendix V of USARV 672-1 provides 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.  The applicant contends that his earlier request for award of the CIB should be reconsidered because he believes as an ex-military serviceman, he is being discriminated against.  His argument implies that he performed in combat as a member of the ASA and should have received the CIB for his actions against the enemy. His argument also implies that if he cannot be awarded the CIB, then he should at least receive the CAB for his combat service.

2.  The evidence clearly shows that the applicant was not awarded an infantryman MOS.  Furthermore, he was not assigned to an infantry unit of any size while assigned in the RVN.  Accordingly, he did not meet the basic requirements for award of this badge.

3.  The applicant's argument to receive the CAB in lieu of the CIB is understandable.  However, he is not authorized award of the CAB because his period of service occurred prior to its authorization date of 18 September 2001.

4.  In view of the above, the applicant's request should be denied. 

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 AR2010000837 dated 1 September 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)                                         AR20110020407





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ABCMR Record of Proceedings (cont)                                         AR20110020407



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