MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 September 2002
	DOCKET NUMBER:   AR2002073448

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. William D. Powers		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:  That he believes all of the units attached to the 1st Infantry Division earned the CIB.  He served one year on the battlefield attached to the 1st Infantry Division.  The Army General Order for the CIB reads:  1st Infantry Division (along with attached units).  He provides his Report of Transfer or Discharge, DD Form 214; Correction to DD Form 214, DD Form 215; a certificate showing he was awarded the Republic of Vietnam Civil Action Medal (sic); the Republic of Vietnam Cross of Gallantry (sic); a 6 March 2002 Review Boards Agency letter providing him the DD Form 215; and a Department of Veterans Affairs Rating Decision dated 14 July 2000 describing his unit's mission as supporting evidence.

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

He was inducted into the Army on 3 April 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 54A (Chemical Operations Apprentice), whose proponent is the Chemical Corps.

The applicant arrived in Vietnam and was assigned to the 266th Chemical Platoon, 1st Infantry Division on or about 19 September 1968 where he performed duties as a decontamination equipment helper.  He was awarded primary military occupational specialty 54B (Decontamination Specialist) on      26 January 1969.  He departed Vietnam on 29 August 1969.  He was released from active duty on 2 April 1970.

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.  

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 held a Chemical Corps MOS, not an Infantry MOS, and that he performed duties directly related to his MOS in support of an infantry unit.  The Board acknowledges the valuable services he and his unit performed during his tour in Vietnam; however, they do not qualify him for award of the CIB.  

2.  The applicant does not provide the "Army General Order for the CIB" for the 1st Infantry Division (along with attached units).  However, if such orders were issued, they may have erroneously awarded the CIB where the eligibility criteria had not been met.  Such orders would be an insufficient reason to grant the award in this case.  

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JNS__  __DPH___  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	AR2002073448	
SUFFIX		
RECON		
DATE BOARDED	2002/09/12	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.