IN THE CASE OF:	  

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140019521 


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 the award of the Combat Infantryman Badge.

2.  The applicant states, in effect:

* both the applicant and Captain (CPT) Sxxx, his superior, were assigned to an advisory team for the purpose of coordinating artillery fire from nearby artillery units
* CPT Sxxx and the applicant would sometimes accompany their counterparts in the Army of the Republic of Vietnam (ARVN) while on patrol
* CPT Sxxx would act as a forward observer and the applicant was his radio operator (RTO)
* on the morning of 31 December 1966, an ARVN Ranger Reconnaissance Team, of which CPT Sxxx and the applicant were a part, was ambushed
* although his military occupational specialty was 36K (Wireman), he engaged the enemy on this and numerous other occasions while serving as an RTO
* the applicant states he is submitting new evidence which he believes will support his contention he should be awarded the Combat Infantryman Badge

3.  The applicant provides:

* Record of Proceedings (ROP) for AR20130011409
* Response to ROP for AR20130011409
* letter, dated 20 May 2014, from the National Archives
* extract from the History of the Second Howitzer Battalion (105mm), Thirteenth Artillery for the period 1 August 1966 to 31 December 1966
* extract from the History of the Second Howitzer Battalion (105mm), Thirteenth Artillery for the period 1 January 1967 to 31 March 1967
* letter of commendation, dated 1 January 1967, from the Subsector Advisor, Advisory Team 100
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)
* six photographs depicting the applicant and CPT Sxxx in Vietnam

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 AR20130011409, on 25 February 2014.

2.  The applicant presents new arguments and evidence which warrant consideration by the Board.

3.  He was inducted into the Army of the United States on 1 June 1965.  After completing initial training, he was awarded primary military occupational specialty (MOS) 36K (Wireman) and secondary MOS 36C (Lineman).  The highest rank/grade he held was specialist four/E-4.

4.  His DA Form 20 (Enlisted Qualification Record) shows he served as a wireman and switchboard operator while assigned to Headquarters and Headquarters Battery, 2nd Howitzer Battalion, 13th Artillery, during the period 10 March 1966 to 3 March 1967.

5.  On 7 March 1967, he was honorably released from active duty.  He completed 1 year, 9 months, and 7 days of creditable active service.  His DD Form 214 does not show the Combat Infantryman Badge.

6.  His official military personnel record (OMPF) is void of any orders or other documents that would indicate he was recommended for or awarded the Combat Infantryman Badge.  Additionally, there are no orders in his OMPF showing he was assigned as an advisor or radio/telephone operator to an infantry or infantry-type unit while in Vietnam. 
7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Combat Infantryman Badge pertaining to the applicant.  

8.  The applicant provides:

	a.  A clarification to paragraphs 3 and 6 of the ROP for AR20130011409, which essentially states:

* while assigned with the 2nd Howitzer, 13th Field Artillery Regiment he was placed in the communications (commo) section
* during his first month he was trained on the operation and maintenance of the PRC-25 radio (a manpack, portable VHF FM combat-net radio transceiver)
* throughout his tour in Vietnam, he occasionally served as the radio operator for the artillery forward observer in support of the 1st Infantry Division, Special Forces, or ARVN patrols
* After the firefight on 31 December 1966, Major (MAJ) Gxxxx, the officer in charge (OIC) of Advisory Team 100, indicated he would submit both the applicant and CPT Sxxx for the Combat Infantryman Badge
* both the applicant and CPT Sxxx were sent back to their unit shortly thereafter
* on 6 January 1967, the applicant left the area to participate in Operation Cedar Falls; he remained there until he left Vietnam

	b.  An extract from the History of the Second Howitzer Battalion (105mm), Thirteenth Artillery for the period 1 August 1966 to 31 December 1966, in which the applicant has highlighted a section stating that a liaison team, headed by CPT Sxxx, was positioned at the subsector headquarters to provide valuable coordination between ARVN and U.S. elements.

	c.  An extract from the History of the Second Howitzer Battalion (105mm), Thirteenth Artillery for the period 1 January 1967 to 31 March 1967, in which the applicant has highlighted sections describing how, on 6 January 1967, the 2nd Howitzer, 13th Field Artillery Regiment moved from their base camp to participate in Operation Cedar Falls and Gadsden.

	d.  A letter of commendation, dated 1 January 1967 and signed by MAJ Gxxxx, OIC of Advisory Team 100, in which he writes, in effect:

* the applicant and CPT Sxxx were commended for their efforts in coordinating and planning artillery fires during the period 21 October 1966 to 4 January 1967
* CPT Sxxx and his team kept abreast of the tactical situation and responded immediately when fire missions were requested
* MAJ Gxxxx's ARVN counterpart fully appreciated CPT Sxxx's efforts and recommended CPT Sxxx for the Vietnamese Gallantry Cross

	e.  Six photographs which show the applicant and, in three pictures, CPT Sxxx, with the ARVN Rangers; visiting Battery B, 2nd Howitzer, 13th Field Artillery Regiment; and two pictures taken after the ambush on 31 December 1966. 

9.  Army Regulation 600-8-22 (Military Awards) provides policy and guidance for awards and decorations.  

	a.  The Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the Combat Infantryman Badge, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established.  

	b.  The three requirements for award of the Combat Infantryman Badge are:  

* the Soldier must be an infantryman satisfactorily performing infantry duties (emphasis added)
* he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat (emphasis added)
* he must actively participate in such ground combat (emphasis added)

10.  Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 provided guidance on the award of the Combat Infantryman Badge.  It stated:

	a.  "The Combat Infantryman Badge is the unique award which was 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.  Other awards and decorations are designed to accommodate these situations."

	b.  Personnel recommending the award of the Combat Infantryman Badge should be aware it is not a battle participation badge, but is reserved for full time (30 days or more) primary duty as an advisor to infantry or infantry-type units actively participating or engaged in infantry operations (emphasis added).

	c.  Members of the U.S. Army who are colonels or below and are assigned under appropriate orders as advisors (emphasis added) in South Vietnam are eligible if:

* assigned as an advisor to an infantry unit, ranger unit, infantry-type unit of the civil guard, and/or infantry-type unit of the self-defense corps during any period in which such unit was engaged in actual ground combat
* assigned as advisors of irregular forces comparable to the above infantry units
* the recipient must be personally present and under fire while serving in his capacity as advisor
* any officer or enlisted man whose branch is other than infantry who, under appropriate orders, is assigned to advise a unit listed above will be eligible for the Combat Infantryman Badge provided all other requirements are met (emphasis added)

	d.  Advisors not eligible for the Combat Infantryman Badge include:

* S-2/S-3 Air Advisor
* S-4 Advisor
* Armor Operations Advisor
* Squadron Advisor
* Security Advisor
* Radio/Telephone Operator, if primary duty is not that of accompanying infantry or infantry-type units on tactical operations

	e.  The following includes infantry positions (emphasis added) for which the Combat Infantryman Badge is normally authorized:

* Province Senior Advisor
* Subsector Advisor
* Infantry or Ranger Battalion Advisor
* Light Weapons Infantry Advisor
* Heavy Weapons Infantry Advisor
* Radio/Telephone Operator, if primary duty consists of accompanying infantry or infantry-type units on tactical operations

	f.  There is no mention in Appendix V of USARV Regulation 672-1 of artillery advisors, to include forward observers, on the list of advisors that would normally be authorized the award of the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the award Combat Infantryman Badge for his service in Vietnam.  He contends he is qualified, under the provisions which authorized the award for advisors, because he served as an RTO to a field artillery forward observer while both were providing support to Advisory Team 100 and ARVN Rangers. 

2.  From its inception, the intent in awarding a Combat Infantryman Badge has been to recognize the service of the infantryman, and only the infantryman (emphasis added).  During Vietnam, the scope of this award was, to a limited extent, expanded to include non-infantry Soldiers, but this occurred in cases where those Soldiers were performing infantry duties.  For example, the award of the Combat Infantryman Badge was authorized for RTOs when, and only when, they performed their duties as part of an infantry unit involved in tactical operations.

3.  In addition to the Army Regulation, USARV Regulation 672-1 provided supplemental guidance on the award of the Combat Infantryman Badge.  It clarified the Combat Infantryman Badge was not an award for being shot at or for undergoing the hazards of day to day combat.  Rather it was reserved for the full time (defined as 30 days or more) performance of primary duties as an advisor to infantry or infantry-type units actively participating or engaged in infantry operations (emphasis added).

4.  The applicant served as the RTO to an officer who performed duties as a forward observer.  While both were involved in providing fire support to an Advisory Team, and the applicant states both participated in patrols, the evidence does not support that both acted as infantryman while working with Advisory Team 100.  Instead, the letter of commendation authored by the OIC of the advisory team recognized both for the role they played in providing fire support.  Nothing in what the advisory team OIC wrote, or in the other evidence offered by the applicant, confirms he or his officer served as infantrymen.

5.  The applicant's sincerity and the quality of his service in Vietnam are not in question.  There is not, however, sufficient basis for awarding him the Combat Infantryman Badge.  Based upon the foregoing, the requested relief is unable to be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 AR20130011409, dated 25 February 2014.

2.  This decision in no way diminishes the sacrifices made and the excellence of service performed by the applicant.  He and all Americans can justifiably be proud of his service in arms.




      _______ _   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)                                         AR20140019521





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ABCMR Record of Proceedings (cont)                                         AR20140019521



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