MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             7 March 2002                 
	DOCKET NUMBER:    AR2001063257

	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:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith 		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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	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 opinions, if any).

APPLICANT REQUESTS:  That he be awarded the Combat Infantrymen Badge (CIB).  

APPLICANT STATES:  The applicant offers no argument or documentation in support of his request.  He does not indicate a date of discovery of the alleged error or injustice.  He offers no reason other than the word “illness” as to why it would be in the interest of justice for the Board to consider this application. 

COUNSEL STATES:  Counsel offered no evidence or argument beyond that submitted by the applicant.

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

The applicant entered active duty on 6 July 1971 at age 19 with a 12th grade education.  He completed basic combat training and advanced individual training (AIT) with award of the military occupational specialty (MOS) 11H10 (Infantry Direct Fire Crewman).  Following training the applicant was assigned to Vietnam.

His Enlisted Qualification Record (DA Form 20) Item 38 (Record of assignments) lists his duty MOS during his service in Vietnam as 13F10 Cannoneer or 17B Radio Telephone Operator.  There are no orders officially assigning the applicant any MOS other than 11H10 or 11H20.  All of the organizations to which he was assigned in Vietnam are artillery units.  Upon return to the states the record shows that he was assigned to Fort Lewis, WA again as an 11H20.  On 8 February 1969, he was separated with an honorable characterization of service and transferred to the Army Reserve in pay grade E-4.  

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 basically three 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, ranger or special forces 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 or special forces primary duty, in a unit actively engaged in ground combat with the enemy.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge 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, and advisory opinion(s), it is concluded:

1.  While the applicant has no official orders of record changing his MOS to those reported on his DA Form 20, his record of assignments, and other documents from this period of service, do not show that he was assigned to anything but artillery units.

2.  The applicant has failed to show that he satisfactorily performed duty in an infantry specialty while assigned to an infantry unit during a period that that unit was engaged in active ground combat.

3.  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.

4.  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

__RVO__  ___JPI  __  __RKS__  DENY APPLICATION

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

INDEX

CASE ID	AR2001063257	
SUFFIX		
RECON		
DATE BOARDED	20020307	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.