MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 January 2002                  
	DOCKET NUMBER:   AR2001062355

	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.  Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		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:  Award of the Combat Infantryman Badge.

APPLICANT STATES:  That his primary military occupational specialty (PMOS) was 12A10 and his secondary military occupational specialty was 11B40.  He also states that he participated in seven or eight firefights while serving in Vietnam and was on ambush patrol every night.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge).

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 18 February 1969, as a combat engineer (12A).  He served in Vietnam from 25 August to 30 October 1969 and was retired by reason of physical disability
on 10 September 1970.

His DD Form 214 does not show the Combat Infantryman Badge as an authorized award.  However, his records do not show entitlement to awards of the Vietnam Service Medal with one bronze service star, the Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which he is entitled to by virtue of his Vietnam service.

There are no orders in the applicant’s personnel records which show that he 
was awarded the Combat Infantryman Badge or was awarded the SMOS of 11B40.  Records show he served as a combat engineer (12A) in an armored cavalry unit in combat while serving in Vietnam.

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.

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 he served as a combat engineer (12A) 
while serving in Vietnam.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge or was awarded the SMOS of 11B40.  Therefore, he is not entitled to correction of his records to show the Combat Infantryman Badge.

2.  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.

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.

NOTE:   The Army Review Boards Agency Support Division will be asked to administratively correct the applicant’s records to show that he is entitled to awards of the Vietnam Service Medal with one bronze service star, the Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_gdp____  __wtm___  _rtd___      DENY APPLICATION

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

INDEX

CASE ID	AR2001062355	
SUFFIX		
RECON		
DATE BOARDED	20020124	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700910	
DISCHARGE AUTHORITY	AR US C 1201 perm ret	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  	157	
2.		
3.		
4.		
5.		
6.