MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 February 2001
	DOCKET NUMBER:   AR2000047316

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas Lanyi		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).

APPLICANT STATES:  In effect, that he served in Vietnam as a rifleman in an infantry unit from September 1965 to February 1966 along side of others who were awarded the CIB.  He also states that he served as the company armorer from February 1966 to the end of his tour.  He goes on to state that he earned the CIB and desires it to be awarded to him.  

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

He was inducted at Oakland, California on 24 March 1965 and was transferred to Fort Polk, Louisiana to undergo his basic training.  He completed his basic training and was transferred to Fort Gordon, Georgia, where he completed his advanced individual training as an infantryman and was then transferred to Fort Benning, Georgia for airborne training.  Upon completion of his airborne training he was transferred to Vietnam on 7 September 1965. 

His records show that the only assignment he had during his tour in Vietnam was that of an armorer with Company A, 2nd Battalion, 503rd Infantry and that assignment began on 13 September 1965.  His records indicate that he performed the duties of military occupational specialty (MOS) 76K and was subsequently awarded that MOS.  His infantryman MOS was designated as his secondary MOS. 

The applicant departed Vietnam on 6 September 1966 and was transferred to Fort Ord, California for duty as an armorer in an artillery company.

He served at Fort Ord until he was honorably released from active duty on 27 January 1967 for the purpose of attending college.  He had served 1 year, 10 months and 4 days of total active service and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  His report of separation (DD Form 214) shows that he was awarded the Vietnam Service Medal, the National Defense Service Medal, the Good Conduct Medal, the Republic of Vietnam Campaign Medal, and the Parachutist Badge.   

A review of the available records fails to show that he ever served in the capacity of an infantryman while stationed in Vietnam or that he engaged the enemy in combat in that capacity.

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.

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 this 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.  While the Board recognizes that he was trained as an infantryman, his record clearly shows that he was assigned as an armorer while in Vietnam, was subsequently awarded the MOS of an armorer and that his assignment subsequent to his departure from Vietnam was that of an armorer as well.  

4.  Inasmuch as the Board is not an investigative agency and the evidence of record does not support his contentions, it is incumbent on the applicant to provide the evidence necessary to substantiate his claim.

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

___rvo __  ___wtm__  __tl  ____  DENY APPLICATION

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

INDEX

CASE ID	AR2000047316	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/02/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111/CIB	
2.		
3.		
4.		
5.		
6.