MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           26 October 2000                  
	DOCKET NUMBER:   AR2000045397

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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:  Reconsideration of his earlier appeal to correct his records by showing all of his awards, especially the Combat Infantryman Badge (CIB) on his DD Form 214 (Report of Transfer or Discharge). 

APPLICANT STATES:  In effect, that a DA Form 1577 (Authorization for Issuance of Awards) shows that he is authorized the CIB.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case on 27 January 1999 (COPY ATTACHED).

The applicant’s submission is new evidence that requires Board consideration.

The DA Form 1577 was prepared by the National Personnel Records Center (NPRC) on 28 August 1999.  It lists the CIB among the applicant’s authorized awards as the National Defense Service Medal, the Vietnam Service Medal, the CIB and the Republic of Vietnam (RVN) Campaign Medal with 60 device.

The applicant’s DA Form 20 (Enlisted Qualification Record) Block 22, Military Occupational Specialties (MOS), does not list an infantry MOS.  Block 38, Record of Assignments, shows that from March to October 1971 the applicant was assigned to Company C, 87th Infantry as a rifleman with a duty MOS of 11B20.

Headquarters, Department of the Army General Orders No. 17 shows that Company C, 87th Infantry was a functional part of the 92nd Military Police Battalion which had primary responsibility for security in and around Saigon.

Army Regulation 600-8-22 sets forth Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  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.  Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  These include the Vietnam Counteroffensive Phase IV from 1 July 1970 to 30 June 1971, Consolidation I from 1 July 1971 to 30 November 1971, and Consolidation II from 1 December 1971 to 29 March 1972.

Department of the Army General Orders 8 of 1974 awarded the RVN Gallantry Cross Unit Citation Badge with Palm to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973. 

Headquarters Army Infantry training Center and Fort Polk, Fort Polk, Louisiana General Orders 248 of 10 October 1969 awarded the applicant the Sharpshooter Qualification Badge with Rifle Bar.

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.  The applicant did not hold an infantry MOS.  The fact that he was assigned as a rifleman does not overcome that fact.

2.  The applicant was not assigned to an infantry unit during such time as the unit was engaged in active ground combat.  The fact that he may have participated in infantry type operations during the course of the security support duties his company was assigned to does not overcome that fact.

3.  There is no known basis for the NPRC’s action of authorizing the issuance of the CIB to the applicant.  That unsupported action does not justify nor require this Board to grant the requested relief.

4.  The Board notes that the applicant’s authorized awards include the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the RVN Gallantry Cross Unit Citation Badge with Palm, the RVN Campaign Medal with 60 device and the Sharpshooter Qualification Badge with Rifle Bar.  The ARBA Support Division, St Louis will be requested to administratively correct the record.

5.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

6.  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.

NOTE:  The ARBA Support Division, St. Louis is requested to correct the applicant’s DD Form 214 to show that his authorized awards are the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the RVN Gallantry Cross Unit Citation Badge with Palm, the RVN Campaign Medal with 60 device and the Sharpshooter Qualification Badge with Rifle Bar.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__AAO__  ___MMD_  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	AR2000045397	
SUFFIX		
RECON		
DATE BOARDED	20001026	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.