MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           25 JULY 2002                   
	DOCKET NUMBER:   AR2002071916

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		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:  Award of the Combat Infantryman Badge.

APPLICANT STATES:  He was “ordered to the field” by his unit commander.  After 90 days in the field, he states that his entire platoon was awarded the Combat Infantryman Badge.  He notes that he stayed in the field until March 1969, when he was wounded.  (The March 1969 dates appears to be a mistake as the applicant’s records indicate he was wounded in March 1968.)  He states an officer wrote him a letter the day he departed Vietnam, and he took that letter to personnel before he got on the plane.  He also notes that while he has the original badge he “really want[s] the general orders.”

In support of his request he submits a copy of a 1993 letter addressed to a military officer, which details the events surrounding his award of the Combat Infantryman Badge.  He asked the officer for assistance in obtaining orders for the badge.  He also submits an undated, original letter he sent to his parents, from Vietnam, in which he writes that he was sending them his “C.I.B.”  The applicant also included an envelope, presumably the envelope used to send the letter home.

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

He entered active duty on 31 May 1966 and was initially trained as a carpenter (specialty 51B).  The applicant subsequently completed airborne training, and in November 1966 was assigned to Fort Bragg, North Carolina as a cook.  He was awarded a cook specialty (94B) on 29 November 1966.

In April 1967 the applicant was reassigned from the 2nd Battalion, 505th Infantry to the 3rd Battalion, 503rd Infantry at Fort Bragg.  In October 1967 the applicant was reassigned to Vietnam as part of a unit move.  His principal duty, while assigned at Fort Bragg, was a “cook” and that duty did not change upon his transfer to Vietnam.

On 1 November 1967 the applicant was promoted to pay grade E-4 in specialty 94B.

On 18 March 1968 the applicant was wounded and awarded the Purple Heart.  

The envelope submitted with the applicant’s application to this Board has a “postmark” date of April 1968.

On 12 June 1968 the applicant was transferred from the 3rd Battalion to the 2nd Battalion of the 503rd Infantry.  His duty position was still recorded as “cook.”  By 26 June 1968 the applicant was reassigned to Headquarters and Headquarters Detachment of the 173rd Support Battalion.  His duty title was still listed as cook.
The applicant returned to the United States in October 1968 and completed his enlistment contract at Fort Bragg, North Carolina.  He was released from active duty on 29 May 1969.

Neither his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), nor his DA Form 20 (Enlisted Qualification Record), reflects entitlement to the Combat Infantryman Badge.

In 1983 the applicant initiated a request asking that he be issued the medals he “never receive[d].”  He specifically noted the Purple Heart and Parachutist Badge. In 1989 he submitted a request inquiring about his entitlement to the Combat Infantryman Badge.  He noted in that request that he was wounded while serving as a rifleman and that an officer pinned the Combat Infantryman Badge on him and his platoon at a firebase.  In response to his inquiry, he was informed of the eligibility requirements for award of the Combat Infantryman Badge, including the requirement to hold an infantry specialty (11 series).  He was told that his “records failed to verify that you were assigned an infantry MOS [military occupational specialty].”

The original letter, submitted in support of the applicant’s request, is undated and written in pencil.  It contains the sentence “I am sending you my C.I.B. home in this letter.”  Neither the letter, nor the envelope, appear to contain indications, in the form of indentations or shadow marks, that the Combat Infantryman Badge, a metal badge, was inserted in the letter and mailed.

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, 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.

However, by virtue of the applicant’s assignment in Vietnam, between October 1967 and October 1968, he is entitled to four bronze service stars on the Vietnam Service Medal reflected on his separation document.  The bronze service stars represent participation in four designated campaign periods (Vietnam Counteroffensive-Phase III, Tet Counteroffensive, and Vietnam Counteroffensive-Phase IV and Phase V) during the applicant’s tour of duty in Vietnam.  He is also entitled to three awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm which was awarded to each of the three units the applicant was assigned to while in Vietnam.

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.  There is no evidence the applicant ever held an infantry specialty while in Vietnam and as such he would not have been entitled to an award of the Combat Infantryman Badge.  The fact that he may have performed duties as an infantryman, and be in possession of the badge is not, in and of itself, a basis to confirm entitlement to the decoration.  

2.   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 that requirement.

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:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s 1969 separation document to reflect award of three Republic of Vietnam Gallantry Cross Unit Citations with Palm and four bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_RVO___  __RTD   _  __KWL__  DENY APPLICATION

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

INDEX

CASE ID	AR2002071916	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020725	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.