MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            14 May 2002
	DOCKET NUMBER:   AR2002067919

	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. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman		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 his military occupational specialty (MOS) "11B" [light weapons infantryman].  He also requests correction of his records to show award of the Combat Infantryman Badge.

APPLICANT STATES:  That his DD Form 214 shows his MOS 96B (sic 95B) Military Policeman."  He states that he was also an "11B" during combat in Vietnam.  He requests that the Combat Infantryman Badge be shown on his DD Form 214.  In support of his application, he submits two DD Forms 214.

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

The applicant was inducted in the Army on 29 April 1969.  He served in Vietnam from 6 June 1970 through 5 April 1971 and was honorably released from active duty on 6 April 1971.  He subsequently served in the U.S. Army Reserve from September 1977 through January 1980 and again in the Regular Army from March 1980 through December 1989.

The applicant's DD Form 214, with an effective date of 6 April 1971, covered the applicant’s service which included his assignment in Vietnam.  This discharge document shows the entry "96B20 (sic 95B) Military Police" in item 23a (Specialty Number & Title).

The applicant's DA Form 20 (Enlisted Qualification Record) shows he completed basic training, and at the conclusion of advanced individual training on 26 August 1969, he was awarded the MOS 11B (light weapons infantryman).  Upon arrival at Fort Carson, Colorado, on 22 September 1969, the applicant was assigned to the 5th Military Police Company in duty MOS 95B (military policeman).

The applicant’s DA Form 20 also shows that effective 11 June 1970 the applicant’s infantry MOS 11B was made his secondary MOS and effective 19 November 1970, he was awarded MOS 95B as his primary MOS.  

The applicant’s DA Form 20 shows in item 38 (Record of Assignments) that he served in duty MOS 11B during the period 6 June 1970 through 5 April 1971 in Company D, 51st Infantry.

The applicant's service personnel records contain Headquarters, U.S. Army Personnel Center Special Orders Number 96, dated 6 April 1971, which released him from active duty on 6 April 1971 in MOS 95B.

The applicant's DD Form 214, with an effective date of 6 April 1971, does not show the Combat Infantryman Badge as an authorized award.

There are no orders in the applicant's personnel records which show he was awarded the Combat Infantryman Badge.  His records show he served in MOS 11B during his tour in Vietnam.  However, his DA Form 20 also shows he was assigned throughout his tour of duty in Vietnam to Company D, 51st Infantry, which was a security guard company of the 97th Military Police Battalion.  

Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation, in effect at the time, provided that the primary MOS code and specialty will be entered in item 23a.

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 Board considered the applicant’s request to change item 23a (Specialty Number & Title) to show his MOS as 11B.

2.  Records show the applicant successfully completed AIT and was awarded the primary MOS 11B (light weapons infantryman); however, he served as a military policeman in MOS 95B throughout his assignment at Fort Carson, Colorado, from 22 September 1969 through 24 April 1970.

3.  Records show that the applicant was awarded MOS 95B as his primary MOS effective 19 November 1970.

4.  Records also show that the applicant served in MOS 11B as his secondary MOS during his assignment in Vietnam as a member of Company D, 51st Infantry, a military police security guard company of the 97th Military Police Battalion.

5.  The regulation governing preparation of the DD Form 214, at the time in question, required entry of the primary MOS in item 23a.  At the time of his separation from the Army, records show his primary MOS was 95B.  Therefore, his DD Form 214 correctly shows his MOS as 95B, and there is no basis for correcting item 23a of his DD Form 214, with an effective date of 6 April 1971, to show his MOS as 11B. 

6.  The Board also considered the applicant's request for award of the Combat Infantryman Badge.  

7.  The regulation governing award of the Combat Infantryman Badge, at the time in question, required service in an infantry duty position in an infantry unit engaged in ground combat with the enemy.

8.  Evidence of record shows that the applicant served in an infantry MOS as a member of a security guard company of the 97th Military Police Battalion throughout his assignment in Vietnam.  Therefore, there is no basis for granting award of the Combat Infantryman Badge in this case.

9.  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.

10.  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

MHM_____  KAN_____  DPH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002067919	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020514	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.0500	
2.		
3.		
4.		
5.		
6.