IN THE CASE OF:	   

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140010526 


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 award of the Combat Infantryman Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this badge.

2.  The applicant states:

	a.  He has been denied the Combat Infantryman Badge even though he held military occupational specialty (MOS) 11B (Light Weapons Infantryman), was wounded twice in Vietnam, and received two awards of the Purple Heart.

	b.  He went to Vietnam and was first assigned to the 17th Aviation Battalion as a Casualty Reporter but he eventually got mad.  He hated the enemy and put in for door gunner with the 228th Aviation Battalion; however, he was sent to 15th Administration Company, 1st Calvary Division (CD).  He was finally sent to Company A, 228th Aviation Battalion, 1st CD, where he flew on Chinooks with Chief Warrant Officer W.  He was then put "in an office and his MOS was changed to 71P Flight Operations Coordinator."  He flew with Major G to help set-up new fire bases.  He directed the Chinooks to place material where it was wanted.  He was told he had enough hours for an Air Medal and he was promoted to specialist four (SP4). 

	c.  He was again "put in an office and kept records."  He put in for Company A, 2nd Battalion, 12th Infantry (i.e., Cavalry) Regiment and his platoon leader was Lieutenant J.  He served with another Soldier named I____ and he pulled point every other day with I____.  He was never in any trouble, and he and I___ made a great team.  One night I____ was shot first and then he was shot in the face.  He had received his first Purple Heart 4 days earlier when he was on point with I____ and they were both wounded by a grenade that the enemy tossed at them. 

3.  The applicant provides his DD Form 214, two letters, four orders, a page titled MOS Classification, eight pages of medical records, and page 4 of his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted into the Army of the United States on 10 December 1965.  He completed basic combat training and advanced individual training and he was awarded MOS 71A (Clerk).

2.  Item 38 (Record of Assignments) of his DA Form 20 shows he served in Vietnam while assigned as follows from:

* 3 June to 19 July 1966, in duty MOS (DMOS) 71A, 15th Administration Company, 1st CD
* 20 July to 11 December 1966, in DMOS 71A, Company A, 228th Aviation Battalion, 1st CD
* 12 December 1966 to 27 February 1967, Company A, 2nd Battalion,12th Cavalry Regiment, 1st CD; the DMOS for this period of assignment is not shown 

3.  His record contains:

	a.  Unit Orders Number 27, dated 28 September 1966, issued by Company A, 228th Aviation Battalion, wherein he was promoted to the rank of SP4.  These orders show his MOS as 71P.

	b.  A DA Form 1049 (Personnel Action), dated 14 November 1966, from the applicant to his company commander requesting he be reassigned to Company A, 2nd Battalion, 12th Cavalry Regiment.  His commander recommended approval of the request and stated the applicant held primary MOS (PMOS) 71A and served in DMOS 71P.

4.  The applicant provides and his record contains Special Orders (SO) 343, dated 9 December 1966, issued by Headquarters (HQ), 1st CD, wherein it shows he was being assigned to Company A, 2nd Battalion, 12th Cavalry Regiment.  These orders show his MOS as 71A10 and stated he was being assigned in DMOS 11B20.
5.  On 28 February 1967, he was medically evacuated from Vietnam and assigned in a patient status to the U.S. Army Hospital, Camp Zama, Japan. 

6.  The applicant provides the following general orders (GO) issued by HQ, 1st CD:

* GO Number 939, dated 1 March 1967, wherein he was awarded the Purple Heart for wounds received in action on 10 February 1967
* GO Number 3727, dated 6 July 1967, wherein he was awarded the Purple Heart (1st Oak Leaf Cluster), or 2nd Award, for wounds received in action on 14 February 1967

7.  He was subsequently assigned in a patient status to the Department of the Army, Valley Forge General Hospital (VFGH), Phoenixville, PA.

8.  The applicant provides and his records contain SO Number 235, dated 21 November 1967, issued by VFGH, wherein he was released from active duty effective 21 November 1967 and assigned to the U.S. Army Reserve (USAR).  These orders show his MOS as 11B.  These orders were subsequently revoked on 21 November 1967.

9.  He was honorably released from active duty on 24 November 1967 and he was transferred to the USAR.  Item 23a (Specialty Number & Title) of the DD Form 214 he was issued contains the entry - 11B2O Light Weapons Infantryman.

10.  The applicant provides a page titled MOS Classification, dated 23 January 1968, wherein it notes a correction from PMOS 70A1O to 71P2O; however, this page does not contain the name of the person or the unit that the change pertains to.

11.  There is no evidence in his record that shows he received formal training in or was ever awarded primary MOS 11B at any time during his service on active duty.  

12.  The applicant provides two letters as follows:

	a.  One, dated 12 July 2013, wherein the U.S. Army Human Resources Command (HRC) denied his request for award of the Combat Infantryman Badge.  The letter stated, in part, they were unable to verify his entitlement to the badge.  The basic criteria for award of the Combat Infantryman Badge during the Vietnam era required the Soldier to hold an infantry MOS, be assigned or attached to an infantry unit of brigade or smaller size, and to satisfactorily participate while his unit was actively engaged in ground combat.  In order to possibly verify his entitlement they required a complete copy of his DA Form 20, two or more signed eyewitness statements, and a signed statement from his former commander.

	b.  The second, dated 6 January 2014, wherein HRC advised his Senator, in part, that they were unable to authorize award of the Combat Infantryman Badge to the applicant.  They acknowledged that he possessed a DMOS of 11B; however, as noted in SO 343, dated 9 December 1966, issued by HQ, 1st CD, he was school-trained as a 71A and did not meet the strict criteria for award of the Combat Infantryman Badge. 

13.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers, 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.  

14.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) 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.  This regulation also stated the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  This regulation also provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The applicant’s service in Vietnam and the fact that he was wounded as a result of enemy action on two occasions are not in question.  However, there is no evidence in his records and he did not submit any evidence that shows he held an infantry MOS and participated in active ground combat while assigned to an infantry unit.  It appears an error occurred during the preparation of his DD Form 214 and his MOS was erroneously listed as 11B.  
3.  Although he provided orders that stated he would be assigned to Company A, 2nd Battalion, 12th Cavalry Regiment in DMOS 11B20, it is unclear if the DMOS was listed in error.  Regardless, even if he had served in DMOS 11B20, because he held primary MOS 71A10, a non-qualifying MOS for the Combat Infantryman Badge, there is no basis for granting him the requested relief.

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 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)                                         AR20140010526



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ABCMR Record of Proceedings (cont)                                         AR20140010526



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