BOARD DATE:	  1 May 2014

		DOCKET NUMBER:  AR20130014454 


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 an earlier request for award of the Combat Infantryman Badge.

2.  The applicant states during his assignment to Company B, 4th Battalion (Airborne), 503rd Infantry he was performing infantry duties and actively participated in ground combat.  He believes records already provided show he was personally present under fire as required for the Combat Infantryman Badge. He was assigned as a grenade launcher and he was the second person behind the point man in formation.  Although there is no record showing he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman), he believes his experience in combat in Vietnam should have qualified him for the Combat Infantryman Badge. He should be eligible for the Combat Infantryman Badge under the provisions of paragraph 2-6e (i.e., 8-6e) of Army Regulation 600-8-22 (Military Awards)

3.  The applicant provides a list of Soldiers from Company B, 4th Battalion, (Airborne), 503rd Infantry.

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 AR20120012881, on 19 February 2013.

2.  He provided a new argument that warrants consideration by the Board.

3.  On 18 May 1965, he was inducted into the Army of the United States.  He completed basic combat and advanced individual training and was awarded MOS 76A (Supply Clerk).  On 26 April 1967, his primary MOS was changed to 76J (Medical Supply and Parts Specialist).  There is no record of him being awarded MOS 11B.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) indicates on:

* 13 April 1966, he was assigned to Company B, 4th Battalion (Airborne), 503rd Infantry at Fort Campbell, KY in duty MOS 76A and his principal duty is shown as supply clerk
* 6 June 1966, his unit was deployed to the Republic of Vietnam, his duty MOS was recorded as "11B1P," and his principal duty was recorded as "Grenadier" 

5.  There is no record of him being awarded the Combat Infantryman Badge.

6.  On 17 May 1967, he was released from active duty.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show he was awarded the Combat Infantryman Badge.

7.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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) 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.

	b.  Paragraph 8-6e provides special provisions for award of the Combat Infantryman Badge in the Republic of Vietnam.  An enlisted member whose branch was other than infantry, who under appropriate orders was assigned to advise a unit listed below or was assigned as a member of a White Star Mobile Training Team was eligible for award of the Combat Infantryman Badge provided all other requirements have been met.


	(1)  Subsequent to 1 March 1961, a Soldier must have been:

* Assigned as advisor to an infantry unit, ranger unit, infantry type unit of the civil guard of regimental or smaller size, and/or smaller 	size of the Vietnamese government during any period such unit 	was engaged in actual ground combat.
* Assigned as advisor of an irregular force comparable to the above infantry units under similar conditions.
* 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.

	(2)  Subsequent to 24 May 1965, to qualify for the Combat Infantryman Badge, personnel serving in U.S. units must have held an infantry MOS.  Individuals who performed liaison duties with the Royal Thai Army or the Army of the Republic of Korea combat units in Vietnam are eligible for award of the badge provided they meet all other requirements.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant met the requirements of paragraph 8-6e of Army Regulation 600-8-22.  He was assigned to a U.S. unit subsequent to 
24 May 1965.  Therefore, he was required to hold an infantry MOS to be awarded the Combat Infantryman Badge.

2.  The veracity of the applicant's statements indicating he was engaged in active ground combat is not in question.  However, in order to be awarded the Combat Infantryman Badge he must have held an infantry MOS.  His MOSs of 76A and 76J are simply not infantry MOSs.  Therefore, he does not meet the regulatory requirements for the award of the Combat Infantryman Badge.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

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 AR20120012881, dated 19 February 2013.




      _______ _  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)                                         AR20130014454



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ABCMR Record of Proceedings (cont)                                         AR20130014454



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