PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            9 November 2000
	DOCKET NUMBER:   AR2000044100

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Ms. Barbara J. Lutz		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 award of the Combat Infantryman Badge.

3.  The applicant states that he served in combat against the enemy.  He also states that he had the military occupational specialty (MOS) 11B4P (light weapons infantryman) and his commander recommended him for the Combat Infantryman Badge, but it was not added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  In support of his application, the applicant provided a DA Form 1049 (Personnel Action) which requests a school quota for helicopter repairman school and a carbon copy of a recommendation for award of the Combat Infantryman Badge.

4.  The applicant’s military records show that he entered active duty on 31 May 1966.  He completed infantry basic and advanced individual training and airborne training.  The applicant then completed training at the U.S. Army Signal School and, as a result, was awarded MOS 31M2P (Radio Relay and Carrier Attendant). He served in Vietnam from 16 August 1967 through 2 April 1969.  The applicant was honorably separated from active duty on 3 April 1969.

5.  The applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized award in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  The Board also noted that the applicant’s discharge does not show any unit awards.

6.  There are no orders in the applicant’s service personnel records which awarded him the Combat Infantryman Badge.  His DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge in item 41 (Awards and Decorations).

7.  Assignment orders in the applicant’s military personnel file show that he was assigned to the 173d Airborne Brigade in MOS 31M (Radio Relay and Carrier Attendant) throughout his service in Vietnam.  Item 41 of the applicant’s DA Form 20 shows that he served in the 723d Signal Platoon or the 534th Signal Company during his service in Vietnam.  There is no indication that he served in an infantry duty position as an infantryman in ground combat while a member of the 173d Airborne Brigade.

8.  The applicant provided a carbon copy of a Disposition Form, dated 30 March 1969, from the Commanding Officer of the 534th Signal Company to the Adjutant General of the 173d Airborne Brigade.  This document states:  “I certify that the following personnel fully meet the criteria for an award of the Combat Infantryman’s Badge as announced in AR 672-5-1, and have been continuously assigned to the position indicated below for a period of 30 days or have been medically evacuated due to hostile action.  Exceptional criteria, if applicable are justified below.  [applicant’s name and service number] SGT E-5   534th Sig Co  Team Chief”.  The Disposition Form is signed for the Company Commander by another individual who did not identify his rank or position.  There is no evidence that this request was acted upon.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971.  This unit award is not shown on the applicant’s discharge document.

10.  Army Regulation 672-5-1 (Military Awards) in effect at the time in question provided, 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.

CONCLUSIONS:

1.  The applicant completed infantry basic and advanced individual training; however, he subsequently completed signal training and was awarded a signal MOS as his primary MOS.  

2.  During his assignment in Vietnam, the applicant served exclusively in his signal MOS (31M), not in an infantry MOS.  He was also assigned to signal units, not infantry units, throughout his tour of duty in Vietnam.

3.  The Board noted the Disposition Form recommending the applicant for award of the Combat Infantryman Badge; however, there is no evidence that this specific request was approved.  

4.  Contrary to the certification in the Disposition Form that the applicant met the requirement for award of the Combat Infantryman Badge, there was no regulatory exception at the time in question, nor is there a current exception, which authorizes enlisted personnel serving in signal units in signal MOS’s in Vietnam to be awarded the Combat Infantryman Badge. 

5.  Based on the foregoing, there is no evidence that the applicant met the eligibility requirements for award of the Combat Infantryman Badge or was otherwise authorized award of the Combat Infantryman Badge; therefore, he is not entitled to award of the Combat Infantryman Badge.

6.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this unit award.

7.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned received the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__JLP___  ___BJL__  __OWT__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ms. Jennifer L. Prater__
		        CHAIRPERSON

INDEX

CASE ID	AR2000044100	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001109	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690403	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	OVERSEAS RETURNEE	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.000	
2.		
3.		
4.		
5.		
6.