MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 August 2001
	DOCKET NUMBER:   AR2001055684

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Joe R. Schroeder		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 two separate applications, that he be awarded the Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he believes that he is entitled to the CIB because he participated in combat during his second tour of duty in Vietnam.  He further states that a request was made for him to be awarded the CIB while he was on active duty, however he was told that he had to be in an infantryman military occupational specialty (MOS).  He states that he has since learned that what he was told is not true and that he had more than enough days in combat to qualify for the CIB.  In support of his application he submits a copy of certificate the he received for appreciation of his contribution to the combat success of the Tomahawks, 4th Battalion, 23rd Infantry (Mechanized).

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

On 8 July 1965, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a wheel vehicle mechanic.  On 1 April 1966, he was transferred to Vietnam and he was assigned to the 513th Engineering Company.

His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal w/four Overseas Service Bars, the Army Commendation Medal and the Sharpshooter Badge (Rifle M14).

On 27 April 1966, he returned to the Continental United States (CONUS) and he was assigned to Fort Knox, Kentucky.  

On 5 April 1968, the applicant reenlisted in the Army for 4 years.  He was transferred to Vietnam on 15 November 1968 and he was assigned to the 25th Infantry Division on 25 April 1969.  On 2 May 1969, he was assigned to the 23rd Infantry Division where he remained until he returned to the CONUS on 13 November 1969.

After he completed 6 years, 9 months and 20 days of total active service he was honorably discharged on 23 June 1972.

A review of the records fails to show that the applicant ever served in an infantryman military occupation specialty or that he ever engaged in ground combat with enemy forces.

Army Regulation 600-8-22 provides that to be eligible for the Combat Infantryman Badge, a soldier must be an Army infantry or special forces officer in the grade of colonel or below, or an Army enlisted soldier or warrant officer with an infantry or special forces military occupational specialty (MOS), who subsequent to 6 December 1941 has satisfactorily performed duty while assigned or attached as a member of a infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active 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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The evidence of record clearly shows that throughout the applicant’s enlistments, he served in the capacity of a wheel vehicle repairman.  The certificate that he received from the Tomahawks was for appreciation for his contribution to the combat success of the battalion, not for participation in ground combat.

3.  The Board has noted the applicant’s contentions.  However, there is no evidence of record nor has the applicant submitted any evidence that shows that he engaged in ground combat while he was assigned or attached to an infantry unit.  Therefore, he is not entitled to the CIB.

4.  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.

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

___jrs ___  ___reb__  ___wtm__  DENY APPLICATION

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

INDEX

CASE ID	AR2001055684	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000.0000	
2.  157	107.0111.0000	
3.		
4.		
5.		
6.