MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:  16 October 2003 
		DOCKET NUMBER:  AR2003083828

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Mae M. Bullock		Member	
	Mr. Hubert O. Fry		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) for his service in Camp Alpha, Saigon in 1966.

APPLICANT STATES:  That his first 3 weeks in Vietnam were spent at Camp Alpha, Saigon, as an infantryman, involved in firefights.  He also states his military occupational specialty (MOS) is listed as 94B20 (cook) on his DD Form 214 (Report of Transfer or Discharge).  He further states that he was sent to Vietnam as an infantryman; however, it was later discovered that he had not completed advanced individual training (AIT).  In support of his application, he submits a copy of his DD Form 214.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 6 July 1965 and served as a missile crewman.  He served in Vietnam as cook and ration driver from 11 April 1966 to 10 April 1967.  He continued to serve until he was honorably separated and transferred to the Army Reserve on 2 August 1968, in the pay grade E-4.

The applicant’s DD Form 214 does not include the CIB in the list of authorized awards.  However, his records do show he earned the following awards:  Two Overseas Service Bars; the Sharpshooter Qualification Badge with Rifle; the National Defense Service Medal; the Vietnam Service Medal; the Good Conduct Medal; the Meritorious Unit Emblem; the Vietnam Campaign Medal; and the Expert Qualification Badge with Carbine bar.

There are no orders in the applicant’s personnel records which show that he 
was awarded the CIB or an infantry MOS.  His records confirm that he served in MOS 94B as a cook and ration driver in an artillery battalion during his tour in the Vietnam.

Army Regulation 600-8-22 provides, in pertinent part, that the CIB is authorized to be awarded only to members with an infantry MOS, who 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 infantry MOS 11B, 11C, 11F, 11G, or 11H.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant’s unit was cited for award of the Meritorious Unit Commendation while he was assigned and serving with Headquarters and Headquarters Battery, 6th Battalion, 71st Artillery.  The same register also shows that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

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 performed duties in MOS 94B as a cook while serving in Vietnam.  There is no evidence of record, and the applicant has provided no independent evidence, that shows he was ever awarded the CIB or assigned as an infantryman.  Therefore, the Board concludes there is an insufficient evidentiary basis to warrant the requested relief. 

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.

4.  The Board notes the applicant is eligible for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The Army Review Boards Agency (ARBA), Support Division, St. Louis, will be directed to correct the applicant's records.  

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis, furnish the applicant a DD Form 215 (Correction to DD Form 214) to show in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__ao___  ___mb___  ___hf___  DENY APPLICATION

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

INDEX

CASE ID	AR20023083828	
SUFFIX		
RECON		
DATE BOARDED	20031016	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19680802	
DISCHARGE AUTHORITY	AR .635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	157	
2.		
3.		
4.		
5.		
6.