MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 January 2002    
	DOCKET NUMBER:   AR2001063361

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Richard T. Dunbar		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.

APPLICANT STATES:  That he is a Vietnam veteran and that he came under fire while in country.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge); a Memorandum, dated 14 September 2001, from the Disabled American Veterans (DAV) in Washington, D.C.; and a letter, dated 27 August 2001, from the DAV in Des Moines, Iowa. 	 

COUNSEL CONTENDS:  The DAV, as counsel for the applicant, was notified of the applicant’s pending review by the Board; however, no brief was submitted. 

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

The applicant enlisted on 16 February 1968 for a period of 3 years.  He served as a light weapons infantryman in Vietnam from 28 July 1968 through 25 July 1969.  On 14 July 1970, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.  On 23 June 1977, the Special Discharge Review Program upgraded the applicant’s discharge to under honorable conditions 
(a general discharge). 
 
The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.  

The applicant’s records show that his principal duty was security guard while he was assigned to Advance Team 51, IV Corps Advance Group, U.S. Military Assistance Command Vietnam in military occupational specialty (MOS) 11B (infantry) during his assignment in Vietnam.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed advisor positions in Military Assistance Command, Vietnam, which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized.  Appendix 3 to Annex A states that personnel having the primary duty of “ Security Guard” were not eligible for award of the Combat Infantryman Badge.
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.  Evidence of record shows the applicant served as a security guard in MOS 11B (infantry) while assigned to Advance Team 51, IV Corps Advance Group, U.S. Military Assistance Command Vietnam.  

2.  There is no evidence of record which shows the applicant served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

3.  In accordance with the governing regulation, personnel having the primary duty of “ Security Guard” were not eligible for award of the Combat Infantryman Badge.  Therefore, the applicant is not eligible for award of the Combat Infantryman Badge.

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

GDP___  WTM_____  RTD____  DENY APPLICATION

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

INDEX

CASE ID	AR2001063361	
SUFFIX		
RECON		
DATE BOARDED	20020124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.