MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 January 2001
	DOCKET NUMBER:   AR2000046538

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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:  In effect, that he be awarded the Combat Infantryman Badge (CIB). 

APPLICANT STATES:  In effect, that he was not just a combat engineer who performed duties as a boat mechanic.  He claims that he also performed duties as an infantryman on river patrols in support of the 2nd Battalion, 28th Infantry Regiment and others in Vietnam.  In support of his application, he has provided a letter expanding on his argument and attesting to his infantry type duties, a copy of his separation document containing his awards and decorations, and extracts from a unit newspaper published in Vietnam, which he claims documents his performance as an infantryman.  He also provided seven photos taken in Vietnam that he indicates attests to his having performed infantry type duties. 

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

On 19 June 1968 he was inducted into the Army of the United States for two years.  He completed basic training at Fort Carson, Colorado and advanced individual training (AIT) at Fort Leonard Wood, Missouri.  Upon completion of AIT he was awarded military occupational specialty (MOS) 63B (Engineer Equipment Mechanic) and he was assigned to Vietnam for his first permanent duty station.

The applicant’s Department of the Army (DA) Form 20 (Enlisted Qualification Record) indicates that the applicant arrived in Vietnam on 31 July 1969.  He was placed in a 62B position, and performed duties as an Engineer Equipment Mechanic, with Company E, 1st Engineer Battalion, 1st Infantry Division.  He remained in this position and with this unit for his entire tour in Vietnam.   

The DA Form 20 also confirms that during his tenure in service the applicant earned the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Army Commendation Medal (ARCOM).  The ARCOM he earned was not for either valor or heroism and there is no indication in the record that he was ever assigned to or performed duties directly in an infantry MOS or position while in Vietnam.  

A Department of Defense (DD) Form 214 (Armed Forces of the United States Report of Transfer or Discharge) on file confirms that on 11 June 1970, the applicant was honorably separated from active duty, in the rank of specialist/E-4, after completing 1 year, 11 months, and 23 days of active military service.  This document also confirms that his specialty number and title were 62B20, Engineer Equipment Maintenance and lists no other specialties or duty titles. 

The applicant provided extracts from a Newsletter published in Vietnam by the 
1st Engineer Battalion.  These articles state, in effect, that the engineer mechanics of the unit, in addition to their normal duties, performed as infantryman while on river patrols and in conducting night ambushes. 
Chapter 8, Section-II (Combat and Special Skill Badges) contains guidance on the award of combat badges.  Paragraph 8-6 contains the policy and procedure pertaining to the award of the Combat Infantryman Badge (CIB).  

Paragraph 8-6c contains the specific eligibility criteria for earning the CIB.  The basic qualifications for earning the CIB are that a member be an infantryman, assigned to an infantry unit, and that he be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy. 

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 Board noted the applicant’s contention that he should be entitled to the CIB based on infantry type missions and duties he performed in Vietnam. However, after carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board concludes there is an insufficient basis for this claim. 

2.  By regulation, in order to earn a CIB a member must be an infantryman, assigned to an infantry unit, and must have been personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  There is no evidence that suggests the applicant meets this stringent criteria.  

3.  The Board took special note of and congratulates the applicant on his exemplary record of combat service and does not question his claims of the types of missions he performed.  However, the duties he referred to were often performed in different settings by many members in MOSs other than infantry in Vietnam.  The fact that he participated in these duties, while commendable, still does not satisfy the regulatory criteria for award of the CIB.  Therefore, the Board is compelled to deny the requested relief.

4.  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 this requirement.

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

__wtm___  __ls ____  __teo ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046538	
SUFFIX		
RECON		
DATE BOARDED	2001/01/23	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1970/06/11	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
2.  157	107.0111	
2.		
3.		
4.		
5.		
6.