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ARMY | BCMR | CY2012 | 20120004313
Original file (20120004313.txt) Auto-classification: Denied

	
		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120004313 


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 award of the Combat Infantryman Badge.

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 Air Assault Badge and further requests to receive a copy of his revoked Army Commendation Medal and an explanation for its revocation.

3.  The applicant states he should be awarded the Air Assault Badge based on his Vietnam experience while serving with Troop D, 101st Airborne Division, (Airmobile).  He further states he had to have rappelling experience because all of their missions could involve combat troop insertions and the 101st Airborne Division was a pioneer in air assault. 

4.  The applicant provides:

* an eight-page self-authored statement
* a one-page extract from Wikipedia
* a letter from the Department of Veterans Affairs (VA)
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings for Docket Number AR20100000069, dated 1 July 2010


COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Although the applicant lists a VA services officer in Reno, NV as counsel, he did not render a request on the applicant’s behalf.

2.  Counsel provides no additional statement. 

3.  Counsel provides no additional evidence.

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 AR20100000069, on 1 July 2010.

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

3.  With regard to the applicant’s request to receive a copy of his revoked Army Commendation Medal orders, the applicant may request a copy of his military personnel records from the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO  63132-5100.  Regretfully, the Board is unable to determine why the award was revoked, and this issue will not be discussed further in these Proceedings.

4.  The applicant was inducted into the Army of the United States on
3 December 1969.  He completed training and he was awarded military occupational specialty (MOS) 11E (armor crewman).  He was stationed in the Republic of Vietnam from 15 June 1970 through 5 May 1971, where he was further assigned to Headquarters and Headquarters Troop, 2nd Battalion,
17th Cavalry Regiment, 101st Airborne Division (Airmobile) and later to Troop D, 2nd Battalion, 17th Cavalry Regiment, 101st Airborne Division (Airmobile), where he performed the principal duties of a light truck driver.  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.

5.  There is no evidence of record and he did not provide any evidence that shows he completed an air assault training course at any time during his service.

6.  On 15 September 1971, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual 


Training) to complete his remaining service obligation.  His DD Form 214 does not show award of the Combat Infantryman Badge or the Air Assault Badge.

7.  The applicant provides a service-connected compensation rating for post-traumatic stress disorder and accounts of his combat experiences while serving in Vietnam with Troop D, 2nd Battalion, 17th Cavalry Regiment.

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.  USARV 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.

10.  Army Regulation 600-8-22 states the basic eligibility criteria for award of the Air Assault Badge consists of satisfactory completion of an air assault training course according to the Training and Doctrine Command (TRADOC) standardized Air Assault Core Program of Instruction or the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) since 1 April 1974.  The badge approval authority is a division or separate brigade commander or the commander of the 101st Airborne Division (Air Assault).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration for award of the Combat Infantryman Badge was carefully examined.  

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 training as an armor crewman and he was awarded MOS 11E.  Evidence shows he was ultimately assigned to an airmobile cavalry unit performing duties as a light truck driver during his tour in Vietnam.  Notwithstanding his sincerity and accounts of his combat service in the Republic of Vietnam, regretfully, he has not met the eligibility requirements for award of the Combat Infantryman Badge.

4.  Award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army TRADOC standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.  There is no evidence the applicant met this criteria.  Therefore, he is not entitled to this award.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100000069, dated 1 July 2010.

2.  In regard to the new issue, 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 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)                                         AR20120004313



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ABCMR Record of Proceedings (cont)                                         AR20120004313



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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