MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           20 November 2001 
	DOCKET NUMBER:   AR2001060365

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he is entitled to award of the CIB.  He submits in support of his request a copy of his DD Form 214.

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

That he was inducted into the Army of the United States on 18 July 1967.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam (RVN) from 12 December 1967 through 6 December 1968. 

Evidence of record shows that the applicant served with the 52nd Security Detachment while he was assigned in the RVN.  The available records also show that he performed duties associated with his MOS until he returned to the United States.

On 17 July 1969, the applicant was honorably discharged.  His DD Form 214, in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was authorized award of the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Marksman Marksmanship Badge (Rifle).  There is no evidence that the applicant was ever awarded the CIB.

Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge 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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

For Vietnam service, one overseas service bar is authorized for each period of 
6 months of active Federal service as a member of the U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar. 

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.  There is no evidence of record that shows the applicant served in an infantry MOS in operations against enemy forces while assigned or attached to an infantry unit while in the RVN.  The applicant served in an infantry MOS while he was assigned to the RVN; however, he must have served in an infantry unit in combat operations against the enemy.

3.  The applicant is entitled to have his DD Form 214 administratively corrected to show that he was awarded two Overseas Service Bars.

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.

NOTE:  Request that the Army Review Boards Agency, Support Division, St. Louis furnish the individual concerned a DD Form 215, (Correction to DD Form 214) to show in Item 24 that he was awarded two Overseas Service Bars.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JLP___  __MHM__  ___RKS_  DENY APPLICATION

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

INDEX

CASE ID	AR2001060365	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011120	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690717	
DISCHARGE AUTHORITY	AR635-200 	
DISCHARGE REASON	A03.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.