MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            8 January 2002
	DOCKET NUMBER:   AR2001064308

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Terry L. Placek		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:  Correction of his records to show award of the Combat Infantryman Badge.

APPLICANT STATES:  That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list the Combat Infantryman Badge among his awards.  He contends that he served as a “gunner” in Vietnam and was involved in combat on many occasions.

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

The applicant was inducted on 13 March 1967.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he completed training as a Field Artillery Gunner in military occupational specialty (MOS) 13B and served in Vietnam in his MOS from August 1967 through July 1968.  The applicant was honorably separated from active duty on 12 March 1969.  

Subsequent to the applicant’s release from active duty on 12 March 1969, he continued to serve in the U.S. Army Reserve (USAR).  He was reassigned from a Troop Program Unit of the USAR and transferred to the Retired Reserve effective 16 November 1996.

The applicant’s DD Form 214, which covers his service in Vietnam and which is authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  His DD Form 214 also shows in item 23a (Specialty Number and Title) the entry, “13B40 Gunner.”

There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge.  

There also is no evidence in the applicant’s records that he was awarded an infantry MOS in Vietnam or that he served in an infantry duty position in an infantry unit of regimental or smaller size during his assignment in Vietnam.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not list award of the Combat Infantryman Badge in item 41 (Awards and Decorations).

Army Regulation 600-8-22 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.

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.  There is no evidence that the applicant served in Vietnam in an infantry MOS. 

2.  There is no evidence that the applicant served in an infantry duty position in an infantry unit in ground combat while he was assigned in Vietnam.

3.  Evidence of record shows that the applicant served in an artillery MOS in an artillery unit in Vietnam.

4.  Based on the foregoing, the applicant was not eligible for award of the Combat Infantryman Badge at the time of his service in Vietnam.

5.  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 either requirement.

6.  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

__TLP__  __RWA__  __LLS___  DENY APPLICATION

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

INDEX

CASE ID	AR2001064308	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020108	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.