MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 November 2000
	DOCKET NUMBER:   AR2000038843

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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 his records be corrected to award him two additional awards of the Combat Infantryman Badge (CIB) and to promote him to the rank and pay grade of Command Sergeant Major (CSM) E-9. 

APPLICANT STATES:  In effect, that he received the CIB for his service as an infantryman in Vietnam and that he should have also received the award for service both during World War II (WWII) and Korea.  He further states that he should have been promoted to the rank of CSM between the period of January and August 1972 and he desires to be promoted to that rank.  In support of his application he submits a photocopy of his records.

EVIDENCE OF RECORD:  The applicant's military records were not available for review by the Board.  However, the records provided by the applicant with his application shows:

He initially served as a driver in the Army Air Corps during the period of 20 December 1944 to 21 November 1946 when he was honorably discharged on 21 November 1946.  He enlisted in the United States Army Reserve (USAR) and served in that capacity as a light vehicle driver until he enlisted in the Regular Army on 16 May 1947 for duty as a light vehicle driver.  He reenlisted on 27 June 1956 for duty as an infantryman and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-8 on 20 December 1965 in an infantryman military occupational specialty (MOS) with Special Forces qualifications.  

His records show that he was also awarded the MOS of a rifleman on 14 April 1945 and that he served in that capacity overseas from 24 June 1945 to 18 February 1946.  The available records are unclear as to where he served or the extent of his service as an infantryman.  They do show that he served in the Western Pacific Theater and that he was awarded the Good Conduct Medal and a bronze service star for campaign participation.  His records also show that he served in Korea from May 1953 to July 1954 and served tours in Vietnam and Thailand on five different occasions from 1962 to 1971.  He was awarded his CIB  and Bronze Star Medals (BSM) for service in Vietnam.

On 14 May 1971, he submitted a request for a waiver of disqualification       (court-martial conviction and lost time) in order to reenlist.  The supporting documents indicate that the applicant had been nonselected for promotion to the pay grade of E-9 by at least two promotion selection boards.  He was approved for a 9-month extension to retire effective 1 August 1972.

He was honorably released from active duty (REFRAD) on 31 July 1972 and was placed on the Retired list in the pay grade of E-8 on 1 August 1972.  He had served 27 years, 6 months and 4 days of total active service.

Army Regulation 600-8-22 provides 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.

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 sufficiently show that he served in a combat environment in which he was engaged in ground combat against the enemy prior to his first award of the CIB in Vietnam.  Therefore, in accordance with the applicable regulations governing award of the CIB, it does not appear that he is entitled to additional awards of that badge.

3.  The applicant’s contention that he should have been promoted to the pay grade of E-9 prior to his separation has been noted by the Board and appears to be without merit.  The available evidence shows that the applicant was properly considered for promotion to the pay grade of E-9 by duly constituted promotion selection boards and was not selected for promotion after being compared to his peers and considering the needs of the Army at the time.

4.  While the Board appreciates the applicant’s desire to be promoted, it would be inappropriate for the Board at this time to second guess those boards that had the advantage of reviewing all of the records of eligible soldiers at the time and to determine who was best qualified for promotion.

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

__fe ____  ___tsk __  ___wdb__  DENY APPLICATION

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

INDEX

CASE ID	AR2000038848	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111/cib	
2.  310	131.0000/promotion	
3.		
4.		
5.		
6.