MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 February 2001                   
	DOCKET NUMBER:   AR2000048894

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman, 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:  That he be awarded the Combat Infantryman Badge (CIB) and that his Report of Transfer or Discharge, DD Form 214, be corrected to show the correct spelling of his last name.

APPLICANT STATES:  That he feels that he should be entitled to award of the CIB as he was involved in ground combat operations as a forward observer.  He also states that he tried to have his name corrected on numerous occasions with no success.

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

He was inducted into the Army on 25 June 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 13A (Field Artillery Basic).  He was honorably discharged on               25 February 1970 for the purpose of immediately reenlisting on 26 February 1970.  His name is correctly spelled on his DD Form 214 for this period.

The applicant arrived in Vietnam on or about 28 April 1970 and was assigned to A Battery, 1st Battalion, 92d Artillery as a 13A10 cannoneer and radio telephone operator.  He was awarded a Bronze Star Medal with “V” device for action from 16 to 18 March 1971.  He responded decisively to repeated enemy attacks by manning a guard bunker on the perimeter.  Without regard to his personal safety he climbed the observation tower during heavy mortar and small arms fire to determine the origin of the enemy mortars.

The applicant departed Vietnam on 29 March 1971.  He was separated on           1 March 1973.  His DD Form 214 for this period had his last name misspelled and did not list the Bronze Star Medal with “V” device.

On 9 July 1975, the applicant’s DD Form 214 for the period ending 1 March 1973 was corrected to show the correct spelling of his last name.  On 15 December 1999, it was again corrected to show the correct spelling of his last name and to add the Bronze Star Medal with “V” device.

Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership have taken care to retain the badge for the unique purpose for which it was established.  There are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  

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 evidence of record shows that the applicant’s DD Form 214 was corrected twice to show the correct spelling of his last name.  A copy of the two correction documents will be provided to the applicant. 

2.  The evidence of record shows that while the applicant held a combat MOS, it was not an infantry MOS and he did not perform infantry duties.  The Board acknowledges the valuable services he performed during his tour in Vietnam; however, they do not qualify him for award of the CIB. 

3.  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

__jl____  __gdp___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2000048894	
SUFFIX		
RECON		
DATE BOARDED	20010208	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	100.00	
3.		
4.		
5.		
6.