MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 May 2002
	DOCKET NUMBER:   AR2002069302

	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 carried an 11B military occupational specialty (MOS) for his last 6 months in Vietnam and worked as an infantryman.  Accordingly, he should be entitled to receive the CIB.

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

He enlisted in Milwaukee, Wisconsin, on 28 June 1968, for a period of 3 years.  He successfully completed his training as a cook and was transferred to Fort Gordon, Georgia and then to Fort Bragg, North Carolina.  He remained at Fort Bragg until he was transferred to Vietnam on 16 June 1970.

He was assigned to Headquarters and Headquarters Company, 1st Battalion, 
12th Cavalry, 1st Cavalry Division, for duty as a cook.  His records also show that he was slotted in a rifleman position effective 1 April 1971 (in the same unit) and remained in that position until 3 May 1971.

Meanwhile, on 16 April 1971, nonjudicial punishment was imposed against him for abandoning his guard post.  His punishment consisted of a reduction to the pay grade of E-2 and a forfeiture of pay.

He departed Vietnam on 7 May 1971 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) as an early overseas returnee.  He had served 2 years, 9 months and 25 days of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Air Medal, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His records show that his primary MOS was that of a cook and there is no indication that he was ever awarded the MOS of an infantryman.  However, they show that he performed on the job training (OJT) in MOS 11B10.

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 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.

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’s contentions have been noted by the Board; however, the evidence of record fails to show that during his assignment he performed the duties of an infantryman while engaged in ground combat against the enemy.

2.  While the applicant’s records show that he was assigned to an infantryman position for OJT for approximately 1 month, there is no evidence to show that he actually completed the training necessary to be awarded the MOS.  His records indicate that he was performing the duties of a cook for the majority of his tour.

3.  Therefore, in the absence of evidence to the contrary, it must be presumed that in accordance with the applicable regulations governing award of the CIB, he is not entitled to be awarded that badge.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___dh___  ___kan__  __mam __  DENY APPLICATION

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

INDEX

CASE ID	AR2002069302	
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.