MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            7 June 2000
	DOCKET NUMBER:   AR2000036341

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

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. James P. Steuve		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That he be awarded the Combat Infantryman Badge (CIB) and that his record be corrected to show that he was awarded two Presidential Unit Citations (PUC).

APPLICANT STATES:  That he served in Vietnam with a combat unit for 12 months and was with the unit when it was awarded two PUCs for participation in “Operation Shelby”; therefore, he should be awarded the CIB.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in Detroit, Michigan on 13 January 1966 for a period of 3 years.  He successfully completed his training and was transferred to Vietnam with his unit on 9 November 1966, for duty as an infantryman.  

He initially served with the 51st Infantry until 16 April 1967 when he was transferred to the 199th Infantry Brigade.  He departed Vietnam on 27 October 1967 and was transferred to Fort Knox, Kentucky.

He was subsequently transferred to Panama on 21 February 1968, where he served in a temporary duty status until 10 August 1968, when he was returned to Fort Knox.  

On 20 December 1968 he was honorably released from active duty and was transferred to the USAR Control Group (Reinforcement).  He had served 2 years, 11 months, and 8 days of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Sharpshooter Marksmanship Badge with rifle bar, and the Marksman Badge with rifle bar.

Army Regulation 600-8-22 establishes the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.

Department of the Army Pamphlet 672-3 serves as a unit citation and campaign participation credit register.  It provides the unit awards earned by units in Vietnam and it fails to show that either of the applicant’s units earned either a PUC or a Meritorious Unit Citation (MUC) during the period of the applicant’s assignment.  The PUC and MUC is only entered on officials records and may only be worn after departure from a unit if the individual was with the unit when it was earned.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that during his assignment he performed the duties of an infantryman while engaged in ground combat against the enemy. Therefore, in the absence of evidence to the contrary, it must be presumed that in accordance with the applicable regulations governing award of the CIB, he is not entitled to be awarded that badge.

3.  The Board also notes that the applicant served for over 1 year after returning from Vietnam and if he believed that he was authorized an award of the CIB, he could have more easily obtained the orders from his previous command or corroboration from his previous chain of command if in fact he was authorized the award.  However, he has failed to show through the evidence submitted with his application or the evidence of record that such was the case.

4.  The applicant’s contention that he was authorized two awards of the PUC also appears to be without merit and is not supported by the evidence submitted with his application or the evidence of record.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mkp __  ___esc__  ___jps___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000036341	
SUFFIX		
RECON		
DATE BOARDED	2000/06/07	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111/cib	
2.  77	107.0031/puc	
3.		
4.		
5.		
6.