MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            13 July 2000
	DOCKET NUMBER:   AR2000037766

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 the Master Parachutist Badge (MPB).

APPLICANT STATES:  In effect, that he believes that his records are in error because the records do not list the CIB or the MPB.  In support of his appeal, he submits a copy of his Department of the Army Form 66 which shows that he was a qualified parachutist and a copy of an Army National Guard Retirement Credits Record.  The applicant also indicates that he is submitting a copy of a Jump Log, which is not included with his application.

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

On 18 November 1966, he enlisted in the USAR for 6 years in the pay grade of E-1.  He enlisted in the Regular Army on 9 January 1967 and he successfully completed his training as an infantry operations and intelligence specialist.  He was honorably discharged on 7 November 1967 to accept a commission in the USAR as a second lieutenant.

On 8 November 1967, he was commissioned as a second lieutenant in the USAR.  He successfully completed his training as a special forces officer and on 9 October 1970 he was transferred to the Republic of Vietnam.  He was assigned to the Headquarters and Headquarters Company, Second Brigade, 4th Infantry Division as the Assistant Executive Officer.

He was honorably released from active duty on 8 November 1970 and was transferred to the USAR Control Group (Annual Training).  He had completed 3 years 11 months and 21 days of total active service.

A review of the available records fails to show that the applicant engaged in combat while he was in Vietnam.

His awards include the Bronze Star Medal, National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Parachutist Badge and the Marksmanship Badge (Sharpshooter – M14).

There is no evidence of record that shows that orders were ever published awarding the applicant the MPB.

Army Regulation 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.
Army Regulation 600-8-22 also provides, in pertinent part, that to be eligible for the Master Parachutist Badge, an individual must have participated in a minimum of sixty-five jumps to include twenty-five jumps with combat equipment including individual weapons carried by the individual in combat whether the jump was in actual or simulated combat.  The individual must have made four night jumps during the hours of darkness one of which will be as a jumpmaster of a stick and five mass tactical jumps which culminate in an airborne assault problem with a unit equivalent to a battalion or larger; a separate company/battery; or an organic staff of regimental size or larger.  The individual must fill a position commensurate with their rank or grade during the problem and have graduated from the Jumpmaster Course of the Airborne Department of the Infantry School or the Jumpmaster School of a separate airborne battalion or larger airborne unit, or infantry divisions and separate infantry brigades containing organic airborne elements.  The individual also must have served on jump status with an airborne unit or other organization authorized parachutists for a total of at least 36 months.

Army Regulation 672-5-1, in effect at that time, provides the criteria for award of the CIB.  It states, in pertinent part, that the CIB is awarded to Army infantry or special forces personnel in the grade of colonel or below with an infantry or special forces Military Occupational Specialty who perform the duties of an infantryman while assigned to an infantry unit during any period in which the unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

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.  While the applicant did serve in Vietnam, there is no evidence in the available records to show that he performed the duties of an infantryman in a combat environment to the extent necessary to qualify for award of the CIB.

3.  Although he was awarded the Parachutist Badge, there is no evidence of record nor has the applicant submitted any evidence that shows that he met the criteria required by Army Regulation 600-8-22 for the award of the MPB.

4.  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

___ja ___  ___mm__  __jlp____  DENY APPLICATION

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

INDEX

CASE ID	AR2000037766	
SUFFIX		
RECON		
DATE BOARDED	2000/07/13	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  157	107.0111	
3.  166	107.0120	
4.		
5.		
6.