MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 May 2002                   
	DOCKET NUMBER:   AR2002068813

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. John T. Meixell		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.

APPLICANT STATES:  That he volunteered for night reconnaissance patrol duty with the 52d Artillery Group and went out up to 5 miles from Camp Schmidt on the average of 15 times a month.  He and his patrol members served on more than 30 patrols and engaged in numerous firefights with the Viet Cong and North Vietnamese Army.  He provides a statement dated 30 May 2001 describing his duties and various incidents that occurred during his patrols, a 2-page document describing the mission and how it would be executed and supported, a 1 August 2001 letter apparently from one of his patrol members, a copy of a photograph of his patrol team, one 2-page newspaper article (editorial) dated 17 May 1968 from the Daily Republican Eagle, and one 1-page newspaper article (undated and newspaper unknown).

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

He was inducted into the Army on 26 October 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 71A (clerk).  He was released from active duty on 25 October 1967.  He was voluntarily ordered to active duty on 26 October 1967 for 11 months.  

The applicant arrived in Vietnam on or about 6 November 1967 and was assigned to Headquarters and Headquarters Company, 45th General Support Group as a personnel specialist.  Apparently, at some point the applicant volunteered to perform patrols with the 52d Artillery Group.  The mission of the patrol was to establish a listening post in strength for the purpose of information gathering and early warning of impending enemy approach toward Artillery Hill.  The patrol was to occupy the designated area with deception and stealth, setting up a circular perimeter with consideration given to likely avenues of enemy approach.  In the event of contact with enemy elements, aggressive actions were to be taken only to the degree necessary to effectively break contact and withdraw.  

The applicant departed Vietnam on 7 September 1968 after receiving participation credit for four campaigns.  He was released from active duty on      14 September 1968.  His Report of Transfer or Discharge, DD Form 214, shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and the Sharpshooter Qualification Badge Rifle M-16.  Item 1 of the DD Form 214 appears to have a typographical error in his first name (his first name is “Gary,” not “Lgary).”

Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership have taken care to retain the badge for the unique purpose for which it was established.  There are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  The regulation also states that one bronze service star is worn on the appropriate service medal to denote each credited campaign.

An Authorization for Issuance of Awards, DA Form 1577, dated 10 June 1992 shows that, in addition to the awards shown on the applicant’s DD Form 214, he was authorized issuance of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 evidence of record shows that the applicant did not hold an infantry MOS, was not assigned or attached to an infantry unit, and did not perform infantry duties on a regular basis.  The Board acknowledges the valuable services he may have performed for the 52d Artillery Group; however, they do not qualify him for award of the CIB.  

2.  There appears to be a typographical error in item 1 of the applicant’s DD Form 214 in the spelling of his first name.  In addition, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and authorized to wear four bronze service stars with the Vietnam Service Medal.

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 Army Review Boards Agency, Support Division, will be directed to administratively correct the applicant’s DD Form 214, item 1 by showing his first name as “Gary” and to show he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to wear with the Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__sac___  __kwl___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068813	
SUFFIX		
RECON		
DATE BOARDED	20020507	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.