MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           1 March 2001                 
	DOCKET NUMBER:   AR2000048780

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar		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 DD Form 214 (Separation Document) be corrected to show that he was awarded the Combat Infantryman Badge (CIB).

APPLICANT STATES: That he was transferred from military occupational skill (MOS) 95B10 (Military Police) and a military police unit to MOS 11B (Infantryman) around May 1967.  He should have earned the CIB based on his infantry service that followed the transfer.

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

He entered the Regular Army on 20 July 1966 and completed training as a military police.  He served in Vietnam from 13 January 1967 to 12 January 1968 and was honorably discharged on 21 July 1969.

The applicant’s DD Form 214 does not show the CIB as an authorized award.

Between February 1967 and May 1967, while in Vietnam, the applicant accepted four nonjudicial punishments under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for numerous acts of misconduct.  On 19 May 1967 a special court-martial convicted him of wrongful appropriation.  After the special court-martial conviction, the applicant, a military policeman, was transferred from a military police unit to an infantry unit.

Between 14 October 1968 and 3 December 1968 the applicant accepted two nonjudicial punishments under the provisions of Article 15, UCMJ for acts of misconduct.

A DA Form 20 (Enlisted Qualification Record) reflects that the applicant was placed in the duty MOS 11B effective 31 May 1967 and was assigned to an infantry unit from 31 May 1967 until 8 January 1968.  The same form reflects that the applicant was given 11B10 as his primary MOS effective 20 December 1968. The CIB is not listed in the block provided for the listing of awards and decorations.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.  During the Vietnam conflict, award of the CIB was announced by the authorized approval authority in special or unit orders. 

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 was reassigned from a military police unit to an infantry unit and placed in an 11B duty position, however he was not awarded MOS 11B until 31 December 1968, after he had departed Vietnam.  The records indicated that he was not awarded MOS 11B while serving in Vietnam.  Therefore, the applicant was not eligible for award of the CIB at the time of his service in Vietnam and there is no basis for award of the CIB to him now.

2.  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

___jhk___  ___clg___  ___rtd __  DENY APPLICATION

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

INDEX

CASE ID	AR2000048780	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010301	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.