MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 August 2001                   
	DOCKET NUMBER:   AR2001059714

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Thomas Lanyi		Member	
	Ms. Paula Mokulis		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 his Report of Transfer or Discharge, DD Form 214, be corrected to add the Combat Infantryman Badge, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).

APPLICANT STATES:  That he was in a combat unit in Vietnam from September 1970 to September 1971 where he saw combat.  Supporting evidence is as listed on the DD From 149.

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

The applicant enlisted in the Regular Army on 10 October 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 95B (Military Policeman).

The applicant arrived in Vietnam on or about 6 October 1970 and was assigned to Headquarters and Headquarters Company, 1st Brigade, 5th Infantry Division as a military policeman.  He departed Vietnam on 4 August 1971.  He was released from active duty on 26 April 1972.

On 25 April 1991, the applicant’s DD Form 214 was amended to show his Vietnam service and to add the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and several marksmanship badges.  On 27 February 1992, it was amended to add the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Ribbon with Device (1960), the Republic of Vietnam Gallantry Cross with Palm and several marksmanship badges.

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 was not an infantryman (he did not hold an infantry military occupational specialty) and he did not perform infantry duties on a regular basis.  The Board acknowledges the services he performed during his tour in Vietnam; however, they do not qualify him for award of the Combat Infantryman Badge.

2.  The applicant’s DD Form 214 was corrected in 1992 to add his other requested awards.

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

__jhk___  __tl____  __pm____  DENY APPLICATION

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

INDEX

CASE ID	AR2001059714	
SUFFIX		
RECON		
DATE BOARDED	20010823	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.