MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 AUGUST 2002                   
	DOCKET NUMBER:   AR2002067531

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Arthur A. Omartian		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:  Award of the Combat Infantryman Badge (CIB).    

APPLICANT STATES:  That he may be entitled to award of the CIB [because of his duties] as an engineer with the 588th Engineer Battalion (Combat).  He provides a copy of a 28 March 1968 588th Engineer Battalion after action report for Operation Yellowstone, a copy of orders assigning him from Company B to Company D of that battalion, a copy of a page from a 15 May 1968 operational report for the 588th, and a copy of a 5 September 1968 recommendation for award of the Valorous Unit Award for the 588th.

He states that he is in the process of obtaining disability benefits for post traumatic stress disorder which have been denied.  He feels that he is entitled to a CIB based on his Vietnam experience.  That award would help him to obtain benefits.

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

The applicant enlisted in the Army for three years on 25 April 1966, completed training as a combat engineer, and in September 1966 was assigned to an engineer battalion in Germany.  In March 1967 he was assigned to Company B of the 588th Engineer Battalion in Vietnam as a combat engineer, and then as a combat demolition specialist.  He returned to the United States in March 1968.  He participated in three campaigns during his tour in Vietnam and the 588th was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions while the applicant was assigned to that unit. 

The applicant was released from active duty at Fort Riley, Kansas, in the rank of Private on 24 April 1969.  He had 3 years of service.  His DD Form 214 does not reflect the above awards, nor does it credit him with participation in three campaigns.  His DD Form 214 also does not show award of the CIB.     

The applicant’s DA Form 20 (Enlisted Qualification Record) shows that the applicant’s MOS (Military Occupational Specialty) was 12B20, that of a combat engineer.  That form does not show award of an infantry MOS, or assignment to an infantry unit during his military service.  It does not show award of the CIB.

Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

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 has submitted neither probative evidence nor a convincing argument in support of his request.   

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 that 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 ARBA Review Boards Agency in St. Louis is requested to correct the applicant’s records to reflect award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with three bronze service stars (one for each campaign).

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__INW __  __AAO __  ___TL___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067531	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020827	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.