IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017431 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017431 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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. IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017431 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 award of the Combat Infantryman Badge. 2. The applicant states, in effect, that Army Board for Correction of Military Records (ABCMR) Docket Number AR20140005009, dated 30 October 2014, contains incorrect information and mistakes in the following paragraphs of the "CONSIDERATION OF EVIDENCE." a. paragraph 6 incorrectly states he was a light weapons infantryman. He was a motor sergeant, not a light infantryman. b. He was assigned as a door gunner and not a platoon sergeant. c. paragraph 7 is out of order, and should be renumbered to paragraph 8. Additionally: (1) paragraph 7 should indicate that he was assigned to Company D, 5th Battalion, 56th (sic 46th) Infantry, 198th Infantry Brigade and that he was wounded on landing zone (LZ) Chippewa on 13 May 1970; and (2) paragraph 8 shows he was at Letterman General Hospital. 3. The applicant provides: * DA Form 8-275-3 (Clinical Record Cover Sheet) * DA Form 8-2275-2 (Clinical Record Cover Sheet 1) * DA Form 8-118 (Medical Board Proceedings) 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 AR20140005009 on 30 October 2014. 2. The applicant provides new evidence and an argument that warrant consideration by the Board. 3. The applicant enlisted in the Regular Army on 2 September 1965. He completed basic training at Fort Ord, CA and advanced individual training as a pioneer in duty military occupational specialty (MOS) 12A at Fort Leonard Wood, MO. He completed basic airborne training at Fort Benning, GA prior to reassignment to Fort Campbell, KY in duty MOS (DMOS) 12A. 4. On 12 September 1966, the Army honorably discharged him for the purpose of immediate reenlistment. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Combat Infantryman Badge. 5. He reenlisted on 13 September 1966 for a period of four years. 6. A DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) shows he was transferred to Vietnam on 15 July 1967. b. Item 38 (Record of Assignments) shows, that during this period of Vietnam service, he served in DMOS 63B (Light-Wheel Vehicle Mechanic) and was assigned the principal duty of a wheeled vehicle driver, a wheeled vehicle mechanic, and a light weapons infantryman with the following units: * 163rd Transportation Company, 20 July 1967 through 12 November 1967 (wheeled vehicle driver) * Company C, 25th Medical Battalion, during the period 13 November through 13 December 1967 (wheeled vehicle driver) * Headquarters and Company A, 23rd Medical Battalion, during the period 14 December 1967 through 4 May 1968 (wheeled vehicle mechanic) * Headquarters and Headquarters Company (HHC), 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade during the period 5 May through 26 June 1968 (wheeled vehicle mechanic) * Company A, 123rd Aviation Battalion, during the period 27 June through 28 August 1968 (wheeled vehicle mechanic) * HHC, 198th Infantry Brigade, during the period 29 August through 9 November 1968 (wheeled vehicle mechanic) * Company D, 5th Battalion, 46th Infantry Regiment, during the period 10 November 1968 through 12 January 1969 (DMOS 63B, principal duty light weapons infantryman) 7. Special Orders Number 12, published by Headquarters Americal Division, on 12 January 1969 awarded him primary MOS (PMOS) 11B4O and secondary MOS (SMOS) 63C4O and withdrew PMOS 63C3O, effective 8 January 1969. 8. Item 38 of his DA Form 20 shows he departed Vietnam on 12 January 1969 and was transferred to Fort Ord, CA as a light weapons infantryman in DMOS 11B4O. His DA Form 20 does not list the Combat Infantryman Badge in item 41 (Awards and Decorations). 9. His DA Form 20 contains the following information: a. Item 31 (Foreign Service) shows he was transferred to Vietnam on 20 September 1969. b. Item 38 shows, that during this period of Vietnam service he was assigned as a student for a brief period at the Americal Combat Center, prior to his assignment to a unit. During the remaining portion of his Vietnam service, he served in DMOS 11B and was assigned the principal duty of light weapons infantryman with the following units: * 23rd Administrative Replacement Center, during the period 25 September through 4 October 1969 (student (Americal Combat Center)) * HHC, 1st Battalion, 52nd Infantry Regiment, 98th Infantry Brigade, during the period 5 October through 27 November 1969 (DMOS 11B, principal duty squad leader) * Company B, 123rd Aviation Battalion, during the period 28 November 1969 through 21 May 1970 (DMOS 11B, principal duty squad leader) 10. On 13 May 1970, he was seriously wounded when he stepped on a land mine. As a result of those wounds, his left leg was amputated below the knee. Item 38 of his DA Form 20 shows he was medically evacuated to the 249th General Hospital in Japan then to Letterman General Hospital in San Francisco, CA. He remained hospitalized until 16 June 1971 when he was placed on the Temporary Disability Retired List (TDRL). 11. He provided a DA Form 8-275-3, DA Form 8-275-2, and DA Form 8-118, which all indicate he sustained a traumatic injury to his left leg, resulting in a blow the knee amputation. He was wounded in action by a booby trap at LZ Chippewa, Republic of Vietnam on 13 May 1970. 12. The DD Form 214 he was issued at the time of placement on the TDRL shows he was awarded or authorized the Bronze Star Medal, Purple Heart, Air Medal, Vietnam Service Medal, and Vietnam Campaign Medal. 13. On 31 October 1972, he was removed from the TDRL and was permanently retired by reason of permanent disability, effective 1 November 1972, with a 60 percent (%) disability rating. REFERENCES: Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. DISCUSSION: 1. The applicant's DA Form 20 indicates he served as a wheel vehicle mechanic (MOS 63B), light weapons infantryman (MOS 11B), and a squad leader (MOS 11B) during his assignments in Vietnam. 2. The evidence of record shows the applicant was wounded in action on 13 May 1970 while he was assigned to Company B, 123rd Aviation Battalion as a squad leader in MOS 11B. 3. Based on Army Regulation 600-8-22, award of the Combat Infantryman Badge requires that a Soldier hold an infantry MOS, be assigned to and serving with an infantry unit while that unit is actively engaged in active ground combat with the enemy, and the Soldier must be an active participant in this ground combat. 4. The applicant does not meet the criteria for award of the Combat Infantryman Badge as stated in Army Regulation 600-8-22 because he was serving in an aviation unit, not an infantry unit, at the time he was wounded as a result of hostile action. 5. The applicant’s contentions concerning the Boards previous record of proceedings are acknowledged; however, those statements are based on the evidence that was available at the time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017431 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017431 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2