PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           18 January 2001                   
	DOCKET NUMBER:   AR200040082

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, award of the Combat Infantryman Badge. 

3.  The applicant states, in essence, that his military occupational specialty (MOS) was changed to MOS 11B10 (Infantryman) upon his arrival in the Republic of Vietnam (RVN) in February 1967.  He was assigned to B Company, 1st Battalion, 8th Infantry.  He was wounded in action on 18 May 1967.  He submits a copy of the citation for award of the Silver Star and the medical clinical record of his treatment for wounds.  He also submits a copy of a memorandum of support from the commander (colonel) of an Army Reserve unit in Tennessee.  

4.  The applicant’s military records show that he was inducted into the Army of the United States on 22 September 1966.  He was trained in MOS 64A10 (Light Vehicle Driver) and arrived in the RVN on 23 February 1967.  He was initially assigned to Headquarters Company, 1st Battalion, 8th Infantry Regiment,
4th Infantry Division for duty in MOS 64A.  However, his DA Form 20 (Enlisted Qualification Record) shows that on or about 5 March 1967, he was assigned to B Company, 1st Battalion, 8th Infantry Regiment, for duty in MOS 11B10.  He would have been assigned to an infantry squad in the company.  However, there are no orders showing his reclassification to MOS 11B in his records.

5.  On 18 May 1967, he was seriously wounded in combat operations against  enemy forces in the RVN.  He was evacuated back through medical channels for medical treatment.  He departed the RVN on 24 May 1967 for treatment in Japan, then was sent to Fort Gordon, Georgia for the remainder of his medical treatment.

6.  His citation for the award of the Silver Star, as contained in General Orders 3373, Headquarters, 4th Infantry Division, dated 15 October 1967, cites him for heroic action as a member of an infantry squad in attempting to rescue his squad leader, who was also severely wounded.  Further, the applicant received the Purple Heart for his wounds.  The telegram notifying his family of his injury shows his duty MOS as 11B10.  Additionally, other documents and paper work associated with his processing for a disability discharge after his return to the United States continue to show his MOS as 11B10. 

7.  On 25 November 1958, the applicant was honorably discharged from active duty by reason of physical disability, 100 percent disabled, and was transferred to the Temporary Disability Retired List.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in item 23a (Specialty Number and Title) that his MOS was 64A10, Light Vehicle Driver.  His rank at the time of separation was specialist, pay grade E-4.  His awards and decorations included the Silver Star, the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal and the RVN Campaign Medal with/ 60 Device.  While not shown on his DA Form 20, he participated in one campaign while in the 

RVN, the Vietnam Counteroffensive Phase II, between the period 1 July 
1966 and 31 May 1967.  

8.  On 29 February 1972, the applicant was removed from the Temporary Disability Retired List and was permanently retired.  His percent of disability remained as 100 percent disabled.  

9.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.

10.  Army Regulation 600-8-22, currently in effect, provides, in pertinent part, that 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.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

11.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award 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.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 18 to 26 May 1967, by Department of the Army General Order (DAGO) 75, dated 1969.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation by DAGO 3, 1970.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO 53, dated 1970.  

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSSs will be worn on the appropriate service medal.

CONCLUSIONS:

1.  The Board is convinced from the evidence of record that the applicant served as an Infantryman (MOS 11B) in small unit combat operations in the RVN from on or about 5 March through 18 May 1967, when he was severely wounded and medially evacuated.   

2.  While no orders were ever issued awarding him MOS 11B, the citation for award of the Silver Star shows him serving in an infantry squad and he was cited for his heroic attempts to save the life of his squad leader.  

3.  Therefore, as an exception to regulations, the Board is convinced that the applicant is entitled to award of the Combat Infantryman Badge for performance of duties as an Infantryman in the RVN.  

4.  Further, other evidence of record and in Army regulations and pamphlets show that the applicant is entitled to the award of the Presidential Unit Citation, the Vietnam Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, and one BSS for wear on his Vietnam Service Medal.  

5.  In view of  the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing a DD Form 215 (Correction to DD Form 214) to the individual concerned to show that he is entitled to award of the Combat Infantryman Badge, as an exception to regulation; the Presidential Unit Citation; the Vietnam Gallantry Cross with Palm Unit Citation; the RVN Civil Actions Honor Medal First Class Unit Citation; and one BSS for wear on his Vietnam Service Medal.  

BOARD VOTE:  

__jns ___  __mhm__  __jtm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000040082	
SUFFIX		
RECON		
DATE BOARDED	20010118	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	105.00 	
2.	110.00	
3.		
4.		
5.		
6.