MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 August 2002
	DOCKET NUMBER:   AR2002068262

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Lana E. McGlynn		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 the CIB, Combat Infantryman Badge, be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

APPLICANT STATES:  In effect, that the CIB is not listed on his DD Form 214 and that he would like to have it added.  In support of his application, he submitted a copy of his DD Form 214 and DD Form 215, Correction to DD Form 214, and a copy of his Certificate of Combat Service.

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

He was inducted into the Army of the United States on 15 November 1967 for 2 years.  Following all required training, the applicant was awarded military occupational specialty (MOS) 94B, Cook, and was assigned to the Republic of Vietnam, where he served from 28 May 1968 to 18 June 1969.  His first unit of assignment was Headquarters and Headquarters Company and Band, Division Support Command, 9th Infantry Division, with duty as an Ammunition Storage Specialist, MOS 55B.  He served with this unit from 7 June 1968 to 18 February 1969 when he transferred to Headquarters and Headquarters Company, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division, where he served from 19 February 1969 to 18 June 1969, with duty as a Cook, MOS 94B.

On 20 June 1969, the applicant was transferred to the United States Army Reserve (USAR) Control Group after completing 1 year, 7 months, and 26 days of active military service.  He is credited with the Bronze Star Medal with "V" device, the Purple Heart, the Army Commendation Medal with oak leaf cluster, the Soldiers Medal, the Good Conduct Medal, the National Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Campaign Medal, the Vietnam Service Medal, and two Overseas Service Bars.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, 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.  During the applicant's assignment in Vietnam, he participated in three campaigns, the Vietnam Counteroffensive Phases V and VI, and Tet 69 Counteroffensive, 1969.  He is authorized three bronze service stars (BSS) to wear on his Vietnam Service Medal.

Army Regulation 600-8-22 (Military Awards), in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation (MUC) was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

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 Meritorious Unit Commendation for the period 1 January-31 December 1968 by Department of the Army General Orders Number 48, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 19 December 1966 to 28 June 1969 by Department of the Army General Orders Number 59, dated 1969.

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.  After a thorough review of the applicant's military personnel file, the Board could find no evidence to support the applicant's contention that he should be awarded the CIB, and the applicant has not provided any.  Without such evidence, the Board cannot recommend award of the CIB.  The evidence of record shows the applicant neither held, nor served in an infantry MOS (i.e. 11B, 11C, 11F, 11G, or 11H).  The applicant's MOS was 94B, Cook; therefore, there is insufficient evidence to award him the CIB.

2.  In reviewing the applicant's record, the Board determined that he is entitled to award of the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal, First Class, and three bronze service stars for his Vietnam Service Medal.  The Board recommends that these be awarded through administrative action.

3.  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.

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:  The Army Review Boards Agency Support Division – St. Louis is directed to issue the applicant the following awards:  the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal, First Class, and three bronze service stars for his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fne___  __tsk___  __lem___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068262	
SUFFIX		
RECON		
DATE BOARDED	20020813	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690620	
DISCHARGE AUTHORITY	AR 635-200, chapter 5	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.