MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 May 2002
	DOCKET NUMBER:   AR2002067668

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman, Jr.		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 recommended for award of the CIB and never received it.  He further states that he served as a special forces radio operator as advisors to Cambodian and Vietnamese forces and were constantly engaging the enemy.  

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

He enlisted in Newark, New Jersey on 20 October 1969, for a period of 3 years, under the Airborne and Buddy Basic Training Plan.  He completed his basic combat training, advanced individual training as a radio operator and airborne training and was transferred to Fort Bragg, North Carolina, to undergo Special Forces training.  He completed his training, was promoted to the pay grade of   E-5 on 2 October 1970, and was transferred to Vietnam on 25 April 1971. 

His records show that he was assigned to the United States Army Vietnam (USARV) Training Group for duty as a radio operator.  He remained in Vietnam until 12 March 1972, when he was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) on 14 March 1972, under the Phasedown Release Program.  He had served 2 years, 4 months and 25 days of total active service and his records show that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Parachutist Badge, the Cambodian Airborne Badge, the Cambodian Defense Ribbon with Bronze Star, the Vietnamese Airborne Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

A review of his records fails to indicate anything more than the fact that he was a radio operator in a training unit.  There is no indication that he engaged the enemy in combat while serving in his capacity as a radio operator or that he was ever recommended for award of the CIB.

Army Regulation 600-8-22 establishes the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry or Special Forces military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.

USARV Regulation 672-1, in effect at the time, supplemented Army Regulation 672-5-1, which was the regulation in effect at the time that provided the criteria for award of the CIB.  It states, in pertinent part, that unit senior advisors will submit recommendation for award of the CIB to Headquarters, USARV, along with the individuals name, primary MOS, and duty MOS, the date the individual came under fire, the type of operation conducted and a copy of the enlisted qualification record (DA Form 20).  Radio/Telephone operators whose primary duty was to accompany infantry or infantry-type units on tactical operations were deemed eligible for award of the CIB, if qualified and approved under that regulation. 

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’s contentions have been noted by the Board; however, the evidence of record fails to show that during his assignment as a Special Forces radio operator, he engaged in ground combat against the enemy or that he was recommended for that award.  

3.  While it is possible that the applicant did engage the enemy in Vietnam and/or the neighboring countries of Vietnam, neither the available records or the evidence submitted by the applicant provide sufficient credible evidence to show that such was the case. 

4.  Therefore, in the absence of evidence to the contrary, it must be presumed that what the Army did in this case was correct and that he was not entitled to an award of the CIB.

5.  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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__dh____  __kan___  __mhm __  DENY APPLICATION

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

INDEX

CASE ID	AR2002067668	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111/CIB	
2.		
3.		
4.		
5.		
6.