BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140017130 


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 previous request for the award of the Combat Infantryman Badge.

2.  The applicant states his service record shows he had a duty military occupational specialty (MOS) 11B as of 8 November 1966 after completing Infantry advanced individual training (AIT) at Fort Ord, CA.  He states he was awarded a decoration for the Vietnam Tet Offensive.  Since his commanding officer was not a combat arms officer the duties his unit was performing were under the direction of one of the officers commanding one of the combat arms units engaged in defending their sector and they would either have been assigned or attached to one of those units.

3.  The applicant provides:

* a list of units participating in defense of Tan Son Nhut Airbase during the 1968 Tet Offensive
* Army Board for Correction of Military Records (ABCMR) Docket AR20130012238, dated 13 March 2014
* an excerpt from Army Regulation 600-8-22 (Military Awards)

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 AR20130012238, on 13 March 2014.
2.  He provided new evidence that merits consideration by the Board.

3.  On 31 August 1966, he enlisted into the Regular Army.  He completed basic combat and AIT.  Item 22 (military occupational specialties) of his 
DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 70A (General Clerk) on 17 March 1967 and MOS 73C (Disbursing Specialist) on 
10 April 1967.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows the following assignments:

	a.  On 5 November 1966, he was assigned to Company B, 3rd Battalion, 2nd Brigade at Fort Ord, CA.  His duty MOS is shown as 11B (Light Weapons Infantryman) and his principal duty is shown as AIT.

	b.  On 13 January 1966, he was assigned to Company D, 1st Battalion, 4th Brigade at Fort Ord.  His duty MOS is shown as 70A and his principal duty is shown as student.

5.  He arrived in the Republic of Vietnam on 29 July 1967.  Headquarters, U.S. Army Vietnam (USARV), Transient Detachment Special Order 143, dated 31 July 1967, assigned him to the 10th Financial Section (Disbursing) in the Republic of Vietnam in MOS 73C.

6.  Headquarters, U.S. Army Support Command, Saigon issued the following special orders (SO):

* SO Number 16, dated 16 January 1968, withdrawing his secondary MOS 70A
* SO Number 77, dated 17 March 1968, assigned him to the 7th Financial Section in  MOS 73C
* SO Number 330, dated 25 November 1968, modified by SO Number 331, dated 26 November 1968, released him from the 24th Finance Section and assigned him to the 7th Finance Section in MOS 73C

7.  Item 38 of his DA Form 20 shows he was assigned to the 24th Finance Section on 15 March 1968 with duty MOS 73C.

8.  On 16 April 1969, he departed the Republic of Vietnam.

9.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Combat Infantryman Badge or a decoration.  There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the Combat Infantryman Badge or a decoration.

10.  On 17 April 1969, he was discharged.  He completed 2 years, 7 months, and 4 days of net active service that was characterized as honorable.  He had 
12 days of time lost.  His DD Form 214 does not show he was awarded the Combat Infantryman Badge or a decoration.  His DD Form 214 does show he is authorized the:

* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him a decoration for his service in the Republic of Vietnam.

12.  He provided a list of U.S. Infantry, Cavalry, and Air Cavalry units that participated in the defense of Tan Son Nhut Airbase during the 1968 Tet Offensive.

13.  Appendix V of USARV 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.

14.  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.  

	b.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

	c.  Personnel with other than an infantry or Special Forces MOS are not eligible, regardless of the circumstances.  The infantry or Special Forces SSI (specialty skill identifier) or MOS does not necessarily have to be the Soldier’s primary specialty, as long as the Soldier has been properly trained in infantry or Special Forces tactics, possesses the appropriate skill code, and is serving in that specialty when engaged in active ground combat as described above.  Commanders are not authorized to make any exceptions to this policy.

DISCUSSION AND CONCLUSIONS:

1.  In order to be awarded the Combat Infantryman Badge a Soldier must have an infantry MOS and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  
	
2.  There is no evidence he was awarded a decoration for his service in the Republic of Vietnam.  The veracity of his statement in which he describes various events wherein he was engaged with the enemy is not in question.
  
3.  Although MOS 11B appears on his DA Form 20 as a duty MOS, there are no orders awarding him MOS 11B.  His DA Form 20 does not show he was awarded MOS 11B.  Orders assigning him to the 10th, 7th, and 24th Finance Sections show he was assigned to those units in MOS 73C.  

4.  Orders issued while he was in the Republic of Vietnam show his units were subordinate to Headquarters, U.S. Army Support Command, Saigon.  There is no substantive evidence showing he was assigned or attached to one of the U.S. Infantry, Cavalry, and Air Cavalry units that participated in the defense of Tan Son Nhut Airbase during the 1968 Tet Offensive.

5.  In view of the above, there is insufficient substantive evidence to award 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 that the overall merits of this case 

are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130012238, dated 13 March 2014.




      _______ _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)                                         AR20140017130



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140017130



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1