IN THE CASE OF:	  

		BOARD DATE:	  20 October 2015

		DOCKET NUMBER:  AR20150003494 


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 he has been in contact with several former platoon comrades.  He and Mr. C had been communicating for a number of years.  Mr. C sent him documentation, including his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), along with some pertinent information relative to his award of the Combat Infantryman Badge.  Mr. C's tour in the Republic of Vietnam was from November 1966 to November 1967.  The applicant's tour was from July 1967 to July 1968.  Mr. C as well as the other men serving with the 4.2 mortar platoon, Headquarters and Headquarters Company (HHC), 1st Battalion, 69th Armor were all awarded the Combat Infantryman Badge.  

3.  He states that prior to and after his injury in a "friendly fire" incident, his entire tour was spent in the field.  Their platoon was always supporting the line tank companies with either indirect mortar fire or illumination rounds at night.  They also worked with other infantry units in the 4th Infantry Division and participated in engagements with the North Vietnamese Army (NVA).  They also were attached to the 1st Battalion, 503rd Infantry (Airborne), 173rd Airborne Brigade with bridge security and sweeps along the An Khe Pass.  He believes he has met the requirement of "an infantryman satisfactorily performing infantry duties."


4.  The applicant provides:

* a statement, dated 4 November 2014, from Mr. C
* Mr. C's DD Form 214
* a newspaper article, date unknown, reporting Mr. C had received the Combat Infantryman Badge
* a photograph of "Track 38"
* a photograph of Mr. C
* Army Board for Correction of Military Records (ABCMR) Docket Number AR20140001135, dated 11 September 2014

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 AR20140001135, on 11 September 2014.

2.  The evidence he provided is new and merits consideration by the Board.

3.  On 3 October 1966, he was inducted into the Army of the United States.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

4.  He served in the Republic of Vietnam from 29 July 1967 to on or about 
26 December 1967 and from 15 February - 24 July 1968.  He was assigned as a patient to the Medical Holding Company, 7th Field Hospital, Japan from 
27 December 1967 - 30 January 1968.  While in the Republic of Vietnam he was assigned to:

* HHC, 1st Battalion, 69th Armor, 25th Infantry Division - 30 August - 
26 December 1967
* HHC, 2nd Brigade, 4th Infantry Division 15 - 26 February 1968
* HHC, 1st Battalion, 69th Armor - 26 February - 24 July 1968

5.  On 24 July 1968, he was released from active duty.  His DD Form 214 does not show he was awarded the Combat Infantryman Badge.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge.

7.  The applicant provided a statement, dated 4 November 2014, from Mr. C.  
Mr. C provided a newspaper article that reported he was awarded the Combat Infantryman Badge on 8 April 1967 and he was assigned to HHC, 1st Battalion, 69th Armor of the 25th Infantry Division.  He also provided his DD Form 214 showing he was awarded the Combat Infantryman Badge and a photograph showing him wearing the Combat Infantryman Badge on his uniform.

8.  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.

9.  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.  

DISCUSSION AND CONCLUSIONS:

1.  With the exception of the period 15 - 26 February 1968, the applicant was assigned to an armor unit while in the Republic of Vietnam.  He did not meet the criteria for the Combat Infantryman Badge while assigned to an armor unit.

2.  He was assigned to the HHC, 2nd Brigade, 4th Infantry Division from 
15 - 26 February 1968.  This met the requirement of being assigned to an infantry unit of brigade, regimental, or smaller unit for the award of the Combat Infantryman Badge.  However, there is no substantive evidence that he was personally present and under hostile fire while assigned to this unit.

3.  Mr. C stated that he was awarded the Combat Infantryman Badge for action on 8 April 1967 while he was assigned to HHC, 1st Battalion, 69th Armor of the 25th Infantry Division.  The specifics of his being awarded the Combat Infantryman Badge are not available for review.  It is noted that Mr. C was awarded his Combat Infantryman Badge 5 months before the applicant arrived in the Republic of Vietnam.


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 AR20140001135, dated 11 September 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)                                         AR20150003494





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ABCMR Record of Proceedings (cont)                                         AR20150003494



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