MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 August 2001
	DOCKET NUMBER:   AR2001056657

	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. Walter T. Morrison		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Joe R. Schroeder		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 the Bronze Star Medal (BSM).

APPLICANT STATES:  That he served as an infantryman with the Americal Division in Vietnam from June 1971 to June 1972 and was fully qualified to be awarded the CIB and BSM.  However, an apparent administrative oversight was made and he was never given those awards.

EVIDENCE OF RECORD:  The applicant's military records, though somewhat incomplete, show:

He was inducted on 24 July 1967 and served as an infantryman until he was honorably released from active duty on 10 July 1969 as an early overseas returnee from Germany.

On 10 August 1971, he enlisted in the Regular Army and was transferred to Vietnam on 17 August 1971.  His records show that he served in Vietnam from August 1971 to June 1972 and was awarded the Vietnam Service Medal, the Air Medal, the Army Commendation Medal, and the Republic of Vietnam Gallantry Cross with palm.

The applicant remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-6 on 15 October 1977.

In 1983 he was barred from reenlistment under the Qualitative Management Program (QMP).  Accordingly, he was honorably discharged on the expiration of his term of service (ETS) on 26 April 1985.  He had served 15 years, 8 months and 2 days of total active service.

A review of his records fails to show that he was ever awarded the CIB or BSM.  There is also no indication that any entries associated with those awards was ever made in his records during the 13 years that followed his service in Vietnam.
Additionally, the applicant signed two DD Form 214’s following his service in Vietnam and neither of those forms contained any such entries.

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.

Army Regulation 600-8-22 also serves as the authority for award of the BSM.  It states, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished him or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in enemy operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

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’s contentions have been noted by the Board; however, the available evidence of record fails to show that during his assignment in Vietnam 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, that he is not entitled to be awarded that badge.

2.  Likewise, there is no evidence to show that he was ever recommended for or approved for award of the BSM.  Therefore, in the absence of evidence to the contrary there is no basis to award him that medal as well.

3.  The Board also notes that the applicant served for 13 years after his tour in Vietnam and there are no entries in his records to show that he was ever recommended for or was awarded the CIB.  Accordingly, the passage of time makes it difficult at best to determine the applicant’s eligibility for award of the CIB.  Therefore, in the absence of evidence to the contrary, it must be presumed that the actions taken by the Department at the time were correct.

4.  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

__jrs____  ___reb __  __wtm __  DENY APPLICATION

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

INDEX

CASE ID	AR20OI056657	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0014/PH	
2.  60	107.0014/BSM	
3.		
4.		
5.		
6.