IN THE CASE OF:	  

		BOARD DATE:	    1 August 2013

		DOCKET NUMBER:  AR20120021567 


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.

2.  The applicant states, in effect, he is entitled to award of the Combat Infantryman Badge.

3.  The applicant provides:

* correspondence submitted in support of his previous request
* 6 DA Forms 305-3 (Personnel Roster)
* 2 Headquarters, 2d Brigade, 1st Infantry Division Ground Forces Commanders Daily Situation Reports
* Library of Congress extract on Operation Toan Thang III, 1969
* 27 DA Forms 1594 (Daily Staff Journal or Duty Officer's Log)
* 6-page extract from the Virtual Wall (Vietnam Veterans Memorial Wall)

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 AR20110001728 on 28 July 2011.

2.  The applicant provides personnel rosters, daily situational reports, and staff journal or duty officer's logs of events occurring in Vietnam with the units to which he was assigned for the period April through May 1969.  These records were not previously considered by the Board and as such warrant consideration at this time.

3.  On 20 September 1968, the applicant was inducted into the Army of the United States.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

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

* item 22 (MOS) – he was awarded MOS 11B on 21 February 1969
* item 31 (Foreign Service) :

* he served in Vietnam from 6 April 1969 through 11 May 1969
* he served in Korea from 15 May 1969 through 2 May 1970

* item 38 (Record of Assignments) – he performed duties as a rifleman in duty MOS 11B in Vietnam and he was assigned to:

* Company D, 2nd Battalion, 16th Infantry Regiment, 1st Infantry Division, from 16 to 30 April 1969 
* Company A, 2nd Battalion, 16th Infantry Regiment, 1st Infantry Division, from 1 to 11 May 1969

* item 41 (Awards and Decorations) does not list award of the Combat Infantryman Badge

5.  His records do not contain orders which show he was awarded the Combat Infantryman Badge.

6.  On 2 May 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 7 months, and 13 days of creditable active military service.

7.  His DD Form 214 also shows award of the following:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar
* Marksman Marksmanship Qualification Badge with M-16 Rifle Bar
* Armed Forces Expeditionary Medal
* Vietnam Service Medal
8.  On 28 July 2011, the ABCMR corrected the applicant's records to show award of the following additional awards and decorations:

* Army Good Conduct Medal
* Vietnam Service Medal with one bronze service star
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

9.  On 20 October 2011, a DD Form 215 (Correction to DD Form 214) was issued to the applicant and shows the awards and decorations granted by the ABCMR on 28 July 2011.

10.  The applicant provides 6 DA Forms 305-3 which show his name among personnel assigned to the 16th Infantry Regiment, 2nd Battalion, Company D as of 30 April 1969.  He also provides:

* daily situation reports and daily staff journal or duty officer's logs which show the activities of units in Vietnam at the time
* Library of Congress extract on Operation Toan Thang III, which was carried out during the period 17 February to 31 October 1969
* 6-page extract from the Virtual Wall of former Soldiers with whom he served (these Soldiers are not listed on the DA Forms 305-3)

11.  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.  

12.  U.S. Army Vietnam Regulation 672-1 governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was 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, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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.  The applicant's request for reconsideration of his previous request for award of the Combat Infantryman Badge was carefully considered.

2.  In this case, it is clear the applicant held and served in an infantry MOS while assigned to an infantry unit while in Vietnam.

3.  Although he provides evidence of former comrades and unit activities, he fails to provide specific evidence confirming his presence and participation with the unit while it was engaged in active ground combat with enemy forces.  Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

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 AR20110001728, dated 28 July 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)                                         AR20120021567



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ABCMR Record of Proceedings (cont)                                         AR20120021567



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