MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 March 2003                   
	DOCKET NUMBER:   AR2002081300

	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. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John A. Kelley		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:  In effect, reconsideration of his previous application to correct his records by awarding him the Combat Infantryman Badge.

APPLICANT STATES:  In a DD Form 149, Application for Correction of Military Record, which the applicant submitted on 17 August 2001, which was returned without action because enclosures were inadvertently left out of the transmittal envelope that, "You do not have to have an infantry MOS to be awarded the CIB."

The applicant has provided two pictures of himself in Vietnam; a photocopy of the patch that he wore on his uniform while in Vietnam; a copy of Special Orders 264, paragraph 6, published by Headquarters, 1st Air Cavalry Division dated 20 September 1970 which assigned him to Troop B, 1st Squadron, 9th Cavalry Regiment; a copy of a letter addressed to: Troopers of the "Real Cav", Subject, Redeployment of 1st Squadron, 9th Cavalry to the world, dated 4 May 1971; and 2 pages from his Vietnam Book.

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

The photographs and documents that the applicant has submitted are new evidence that require Board consideration.

Incorporated herein by reference is the Memorandum of Consideration (Docket Number AC93-13824) that summarizes the 3 April 1996 review of the applicant's original request for award of the Combat Infantryman Badge.

There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.  There is also no entry in Item 41, Awards and Decorations, of his DA Form 20, Enlisted Qualification Record, indicating that the Combat Infantryman Badge was awarded him.

In processing the originally submitted request for award of the Combat Infantryman Badge, an advisory opinion was requested and received from the Department of the Army Personnel Command (now, the United States Total Army Personnel Command).  In the advisory opinion, the Chief, Military Awards Branch, reported that no documentary evidence was found in the applicant's official military personnel file that he was recommended for or awarded the Combat Infantryman Badge.

The above referred to advisory opinion also advised that the "Applicant was not assigned to an infantry organization during his period of service in Vietnam (September 1970 to June 1971).  He was assigned to an armored cavalry troop of an airmobile cavalry division and an aviation brigade.  Applicant's OMPF fails to show that he ever held an infantry or special forces MOS (Military Occupational Specialty) or that he ever performed primary duties as an infantryman with an infantry unit.  Therefore, he is not eligible for award of the CIB."

The Board noted that on the date of his release from active duty, the applicant signed his DD Form 214 in his own hand, attesting to the accuracy of the information recorded on this form.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 is also absent an entry indicating award of the Combat Infantryman Badge.

The applicant's DD Form 214, Item 24, shows his entitlement to the following:  the National Defense Service Medal, the Vietnam Service Medal with 1 bronze service star, the Republic of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with (Rifle M-14), and the Marksman Marksmanship Qualification Badge with (Rifle M-16).  On 10 December 1996, the applicant's DD Form 214 was corrected to add the Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.  As indicated in the paragraph above, the Combat Infantryman Badge is not listed among these awards.

AR 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel 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 of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

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 held the MOS 11E, Armor Crewman, throughout his service in Vietnam.

2.  The applicant served with an armored cavalry troop of an airmobile cavalry division and an aviation brigade and not an infantry unit of brigade, regimental, or smaller size while in Vietnam.

3.  There is no evidence, and the applicant has provided none, that would indicate that he was awarded the Combat Infantryman Badge or that he was recommended for this award during his tour of duty in the Republic of Vietnam.

4.  The photographs and other evidence that the applicant submitted provide nothing that would influence the Board to reverse its earlier decision.  The photographs and documentary evidence submitted by the applicant are inconclusive since no direct correlation can be made between them and the criteria in place for determining eligibility for award of the Combat Infantryman Badge.

5.  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

__tap___  __rwa___  __jak___  DENY APPLICATION

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

INDEX

CASE ID	AR2002081300	
SUFFIX		
RECON	20030313	
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	107.0111	
3.		
4.		
5.		
6.