IN THE CASE OF:	  

		BOARD DATE:  5 September 2013

		DOCKET NUMBER:  AR20130001048 


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 disagrees with the Board's decision to deny him the CIB. 

	a.  The Board referred to Army Regulation 600-8-22 (Military Awards) stating that "the CIB 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."  The Board ignored section c(e)(4)(a) entitled Special Provisions - Republic of Vietnam which states "Subsequent to 1 March 1961, a Soldier must have been - a. Assigned as advisor to an infantry unit, ranger unit, infantry type unit of the civil guard of regimental or smaller size, and/or infantry-type unit of the self defense corps unit of regimental or smaller size of the Vietnamese government during any period such unit was engaged in actual ground combat."  He has highlighted this section in the attached Army Regulation 600-8-22.

	b.  His situation clearly demonstrates that he meets the requirements of this section.  As documented in his award of the Bronze Star Medal, in September, 1970, he was given the title of "Light Weapons Infantry Advisor" assigned to the 4th Battalion, 1st Infantry Regiment, 1st Infantry Division, Army of the Republic of Vietnam (ARVN).  He would like to point out that the 1st ARVN Division was the best ARVN combat unit in the history of the Vietnam Conflict.  This unit was one of the few that gained the praise of United States units with whom they performed joint operations.  

	c.  His unit was based on Firebase Barnette in the A Shau Valley near the Laotian border.  During the entire time they were on patrol for ten days and back to the base for five days.  They continued this pattern during his time there.  He was often the only U.S. Soldier with the patrols.  He was often accompanied by an Australian Warrant Officer.  In addition to his advisory duties, he often called in air strikes on suspected enemy positions.  The level of enemy activity in this area of the A Shau is well documented.  Their units were involved in frequent minor skirmishes with the North Vietnamese Army (NVA).  As time passed, the NVA decided to oust the 101st Airborne Division presence at Firebase Ripcord and spent several months building up manpower and weaponry.  The 1st ARVN Division continued to have sporadic contacts during this time.  Finally, on 1 July 1970, the NVA launched a major attack in division strength against Firebase Ripcord.  Unfortunately, U.S. politicians had decided not to reinforce the 101st Division because they feared negative press if there were reports of high casualties among U.S. troops.  As a result, the 101st Division had to evacuate Ripcord in this last major battle of the war.  

	d.  From 1 July to 9 July 1970, he was with his unit a few kilometers away from Ripcord.  On 9 July 1970, a helicopter landed in a clearing and announced they were looking for him.  He was advised that his father had died suddenly and he was taken to the rear for emergency leave.  He never returned to Vietnam since he had been there almost 2 years.  In summary, he strongly feels that he qualifies for the CIB as indicated in the Army Regulation 600-8-22.  Furthermore, his award of the Bronze Star Medal clearly indicates that he was fulfilling an infantry position and that he was assigned to an infantry unit.  The citation states "During this period (October 1969 to September 1970) [Applicant] was responsible for advising his counterpart in methods of troop deployment and use of infantry weapons while conducting combat operations against the enemy."  In addition there is a profusion of information documenting the level of every contact with the 1st ARVN Infantry Division during this period of time.  Contrary to the Board's letter, there have been many Vietnam veterans awarded the CIB who did not have an infantry MOS.

3.  The applicant provides:

* Previous Record of Proceedings
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty)
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 AR20120005443, on 27 September 2012. 

2.  The applicant provides a new argument which was not previously considered by the Board.  This new argument warrants consideration by the Board. 

3.  The applicant enlisted in the Regular Army on 29 February 1968.  He completed basic combat and advanced individual training and he was awarded MOS 96B (intelligence analyst). 

4.  He served in Vietnam from 19 August 1968 to 9 July 1970.  He was assigned as an Advisor, Advance Team 3, I Corps, United States Military Assistance Command, Vietnam (USMACV) from 25 August 1968 to 9 July 1970, in MOS 96B. 

5.  He was honorably released from active duty on 6 February 1971.  His DD Form 214 shows the:

* National Defense Service Medal 
* Vietnam Service Medal 
* Vietnam Campaign Medal (correctly known as the Republic of Vietnam  Campaign Medal with Device (1960))
* Army Commendation Medal
* Good Conduct Medal

6.  General Orders Number 5106, issued by Headquarters, USMACV on 28 September 1970 awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force.  The citation reads:  

For distinguishing himself by meritorious service in connection with military operations against a hostile force during the period October 1969 to September 1970 while serving as a Light Weapons Infantry Advisor, 4th Battalion, 1st Regiment, 1st Infantry Division, Army of the Republic of Vietnam.  During this period, [Applicant] was responsible for advising his counterparts in methods of troop deployment and use of infantry weapons while conducting combat operations against the enemy.  Utilizing his experience and knowledge of military subjects, he provided excellent instruction in method of troop deployment and maintenance of infantry weapons and their use in combat.  Exhibiting tact and diplomatic acumen, he established a close and effective working relationship with his counterpart.  His outstanding contributions to the advisory effort greatly enhanced the capabilities of the indigenous units.  [Applicant's] performance of duty was in keeping with the highest traditions of the United States Army and reflects great credit upon himself and the military service. 

7.  On 18 October 2012, he was issued a DD Form 215 that added to his DD Form 214 the Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a silver and two bronze service stars to be affixed to his Vietnam Service Medal. 

8.  Army Regulation 600-8-22 (Military Awards) states the CIB 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

9.  Paragraph 8-6e of Army Regulation 600-8-22 outlines the special provisions authorized for the Vietnam Conflict, Laos, and Korea on the Demilitarized Zone.  Sub-section 8-6(e) states:

	a.  Any officer, warrant officer, or enlisted Soldier whose branch is other than infantry, who under appropriate orders was assigned to advise a unit listed in (c) and (d) below or was assigned as a member of a White Star Mobile Training Team or a member of MAAG–Laos as indicated in (2)(a) and (b) below will be eligible for award of the CIB provided all other requirements have been met.

	b.  After 1 December 1967 for service in the Republic of Vietnam, noncommissioned officers serving as Command Sergeants Major of infantry battalions and brigades for periods of at least 30 consecutive days in a combat zone are eligible for award of the CIB provided all other requirements have been met.

	c.   Subsequent to 1 March 1961, a Soldier must have been—(1) Assigned as advisor to an infantry unit, ranger unit, infantry-type unit of the civil guard of regimental or smaller size, and/or infantry-type unit of the self-defense corps unit of regimental or smaller size of the Vietnamese government during any period such unit was engaged in actual ground combat; (2) Assigned as advisor of an irregular force comparable to the above infantry units under similar conditions; and (3) Personally present and under fire while serving in an assigned primary duty as a member of a tactical advisory team while the unit participated in ground combat.

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect at the time, governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated the criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB was 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 officers, enlisted personnel, and warrant officers who held 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.  USARV Regulation 672-1 states the following are considered infantry positions for which the CIB is normally authorized:  Senior Advisor, Mobile Advisory Team (inlcudes assistants and deputies).

DISCUSSION AND CONCLUSIONS:

1.  The applicant held an intelligence MOS during his service in Vietnam.  He also performed duties of Light Weapons Infantry Advisor while assigned to the 4th Battalion, 1st Infantry Regiment, 1st Infantry Division, ARVN.  

2.  In order for an advisor to qualify for the CIB, all other requirements must be met.  There is insufficient evidence to support his contention that he was personally present and under fire while serving in an assigned primary duty as a member of a tactical advisory team while the unit participated in ground combat.

3.  The Bronze Star Medal citation states he "advised his counterparts in methods of troop deployment and use of infantry weapons while conducting combat operations against the enemy."  This does not mean he advised and trained his counterparts "while conducting combat operations against the enemy."  It means he trained his counterparts on how to deploy troops and use of infantry weapons in the event they were involved in any combat operations.  

4.  As for his argument that there have been many Vietnam veterans who did not hold an infantry MOS but were awarded the CIB, the Board is not an investigative body.  The facts and circumstances surrounding each individual CIB awardee are not available for review.  The Board can only examine the applicant's records and compare his contention/records to the CIB criteria in Army Regulation 600-8-22.

5.  In the absence of additional documentary evidence in the form of after actions reports, Staff Duty journals, operation reports, and/or other documentary evidence, regretfully, there is insufficient evidence to support awarding him the CIB.

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 AR20120005443, dated 27 September 2012. 



      _______ _  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)                                         AR20130001048





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ABCMR Record of Proceedings (cont)                                         AR20130001048



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