MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 January 2003                  
	DOCKET NUMBER:   AR2002073595

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Mae M. Bullock		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 (CIB).

APPLICANT STATES:  In effect, he served in an infantry unit therefore he is entitled to award of the CIB.

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

The applicant entered active duty on 6 September 1966.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 94B (Cook). 

The applicant's DA Form 20 (Enlisted Qualifications Record) shows that he was assigned, as a cook, to the Headquarters and Headquarters Company (HHC), 1st Battalion, 27th Infantry Regiment, Vietnam from 5 August 1967 through 14 February 1968 and as a first cook from 15 February 1978 through 1 July 1968.  This is the only MOS of record for the applicant.

The applicant's DD Form 214 lists his awards as the Bronze Star Medal, the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

A review of Unit Citation and Campaign Participation Credit Registry shows that, during the period that the applicant was attached to it, the HHC, 1st Battalion, 27th Infantry Regiment was authorized the Republic of Vietnam (RVN) Civil Actions Honor Medal and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.  Campaign participation credit was also granted for the Vietnam Counteroffensive, Phase III, the TET Counteroffensive and the Vietnam Counteroffensive, Phase IV.

Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are three basic requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy. 

Army Regulation 600-8-22, paragraph 2-13 provides, in pertinent part, for award of the Vietnam Service Medal (VSM).  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  One bronze service star is worn to denote each campaign period served.  Individuals qualified for the AFEM for service in Vietnam during the period from 1 July 1958 to 3 July 1965 remain qualified for that medal, but upon request may be awarded the VSM instead of the AFEM.  No person will be entitled to both awards for Vietnam Service.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  There is no evidence to show that the applicant ever held an infantry MOS, nor that, while assigned to an infantry unit, did he satisfactorily perform infantry duties as his primary duties.  Therefore the applicant does not qualify for award of the CIB.

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 this 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:  The Army Review Boards Agency Support Division, St. Louis will be asked to issue a DD Form 215 to show that the applicant's authorized awards consist of the Good Conduct Medal, the Bronze Star Medal, the National Defense Service Medal, RVN Civil Actions Honor Medal, the RVN Gallantry Cross with Palm Unit Citation, the RVN Campaign Medal and the RVN Service Medal with three Bronze Service Stars.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MKP__  __JLP __  __MMB__  DENY APPLICATION

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

INDEX

CASE ID	AR2002073595	
SUFFIX		
RECON		
DATE BOARDED	20030114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.