MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           20 December 2001                   
	DOCKET NUMBER:   AR2001063665

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas B. Redfern III		Member	
	Mr. Lester Echols		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).

APPLICANT STATES:  In effect, that he was attached to the "Phu Loi Patrol" during his tour of duty in Vietnam and he participated in ambushes, day sweeps, and search and destroy missions.  He gratuitously adds that he was thrice wounded, but does not request the Purple Heart.

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

He was inducted into the Army of the United States for 2 years on 21 February 1968.  Following basic combat training (BCT) and advanced individual training (AIT) at Fort Dix, New Jersey, he was awarded military occupational specialty (MOS) 36K (Wireman) and sent to Fort Benning, Georgia, for basic airborne training.

The applicant's first duty assignment was in Alaska with Company C, 6/9 Infantry, 171st Infantry Brigade.  He served in Alaska for 4 months before receiving orders for assignment to the Republic of Vietnam (RVN).  He served in the RVN from 3 March 1969 to 12 February 1970.

According to his DA Form 20 (Enlisted Qualification Record), the applicant was assigned to the 23rd Artillery Group in the RVN.  He was then further assigned to various subordinate units of the 23rd Artillery Group, such as 3/197 Artillery and 2/12 Artillery.  During these assignments, his MOS was listed as 13A (Cannoneer), but his principal duty was "Commo Agent."

The applicant's DA Form 20 shows that, on 27 September 1969, he was attached to "Phu Loi Patrol, 82nd Airborne, Headquarters and Headquarters Company, 3rd Brigade."  No MOS or principal duty is shown for this assignment and there are no orders in the applicant's records attaching him to the 82nd Airborne Division.  This attachment lasted until 15 December 1969.

On 15 December 1969, the applicant's DA Form 20 shows that he was "attached" to "Phu Loi Patrol, Headquarters and Headquarters Battery, 23rd Artillery Group" in MOS 11B (Infantryman) with a principal duty of "patrol (recon)."  Again, there are no orders in the applicant's records to reflect this attachment.

The applicant departed the RVN on 12 February 1970 and was returned to the US Army Personnel Center, Oakland, California, where he was separated on 13 February 1970 with an honorable discharge.  Nothing in the applicant's records indicates that he ever qualified for the CIB, nor is there any proof that he was ever wounded.

Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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.  Announcement of award of the CIB is made by official 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.  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.  The applicant was a school-trained communications specialist in MOS 36K.  Although his DA Form 20 shows that he was assigned infantry duties (MOS 11B) with the "Phu Loi Patrol" from 15 December 1969 to 12 February 1970, there is nothing in the applicant's records to show that he was ever in combat or was ever awarded a CIB.  There is nothing in the records to prove that he was ever wounded.

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 Board notes that, in accordance with DA Pam 672-3, the units to which the applicant was assigned/attached in Vietnam were awarded the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal during his period of assignment/attachment.  The Army Review Boards Agency Support Division - St. Louis is directed to issue a DD Form 215, Correction to DD Form 214, showing that the applicant was awarded these medals.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_JNS ___  __TBR__  _LE _____  DENY APPLICATION

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

INDEX

CASE ID	AR2001063665	
SUFFIX		
RECON		
DATE BOARDED	20011220	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.