MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:           28 March 2002                   
	DOCKET NUMBER:   AR2002067379

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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:  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 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 10 July 1968.  He completed basic and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam (RVN) from 8 December 1968-7 December 1969 
with the 14th Security Platoon, 14th Aviation Battalion (Combat).   

The applicant's campaigns includes the RVN Counteroffensive, Phase VI; Tet Counteroffensive 1969; RVN Summer-Fall 1969; and RVN Winter-Spring 1970.

On 9 July 1970, the applicant was honorably released from active duty.  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, the Army Commendation Medal and the Marksmanship Badge (Rifle).  There is no evidence that the applicant was ever awarded the CIB.

Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

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.

Army Regulation 600-8-22 also authorizes award of a bronze service star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 8 February 1962-28 March 1973 by Department of the Army General Orders Number 8, dated 1974.  The applicant's DD Form 214 does not show this award because it was issued after he had been released from active duty. 

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 available that shows the applicant served in an infantry MOS in operations against enemy forces while assigned or attached to an infantry unit in the RVN.  The applicant served in an infantry MOS while assigned to the RVN; however, he did not serve 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 the GCMDL, the RVN Gallantry Cross with Palm Unit Citation, two Overseas Service Bars and four BSS's for wear on the Vietnam Service Medal.

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 the GCMDL, the RVN Gallantry Cross with Palm Unit Citation, two Overseas Service Bars and four BSS's for wear on the Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__FNE__  ___LE   __  ___TL___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067379	
SUFFIX		
RECON	 	
DATE BOARDED	20020328 	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700709	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	A03.00	
BOARD DECISION	(DENY with a NOTE)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.		

The available records also shows that he performed duties associated with his MOS until he returned to the United States.