MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           23 April 2002
	DOCKET NUMBER:   AR2001064777

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyi		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 he be awarded the Combat Infantryman Badge (CIB) for his tour of duty in the Republic of Vietnam, plus any medals that were “taken away” from him. 

APPLICANT STATES:  In effect, that while serving in Vietnam under combat conditions, he did rappel missions and demolition missions in the bush.  

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

He enlisted in the Regular Army on 29 April 1971 for a period of 3 years.  He enlisted for training in Army Career Group 51 (Construction and Utility).  Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 51N, Water Supply Specialist.

On 28 August 1971, he was transferred to the Republic of Vietnam.  He served there from 21 September 1971 to 28 April 1972.  While in Vietnam, he served in the 501st Engineer Battalion, 3rd Brigade (Separate), 1st Cavalry Division, in MOS 51N.

On 7 February 1972, the applicant voluntarily entered the Drug Amnesty Program.  On 26 February 1972, the applicant tested positive for opiates.  On 16 March 1972, the applicant’s unit commander requested authority to transfer the applicant to a Drug Abuser Holding Center and recommended that he be discharged under the provisions of Army Regulation (AR)635-212 for unfitness.

On 21 April 1972, the applicant was transferred to the Drug Abuser Holding Center.  On 25 April 1972, he was transferred to the Medical Holding Company, United States General Leonard Wood Army Hospital, Fort Leonard Wood, Missouri, for hospitalization and treatment.  On 10 May 1972, he was attached to the Veterans Administration (VA) Hospital, Jefferson Barracks, St. Louis, Missouri, for further hospitalization and treatment.

On 22 May 1972, the applicant was discharged from the Army with a general, under honorable conditions discharge.  He was credited with 11 months and 22 days of creditable military service and 32 days of lost time.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects the following awards: the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device 1960, Vietnam Service Medal with one Bronze Service Star, one Overseas Service Bar, Marksmanship Qualification Badge (M-16 Rifle), and Sharpshooter Qualification Badge (Hand Grenade).

On 30 October 1980, the applicant was notified that his discharge had been reviewed and upgraded to honorable.  This action was based on the U.S. District Court for the District of Columbia ruling requiring the Army to recharacterize to fully honorable any soldier with a less than honorable discharge resulting from evidence that was obtained from compelled urinalysis testing for the purpose of identifying drug abusers.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) 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 CIB 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.  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.

2.  There is no evidence in the available records, nor has the applicant provided any, to indicate that he is entitled to award of the CIB.  Without such evidence, the Board cannot recommend award of the CIB.  The evidence of record shows the applicant neither held, nor served in, an infantry MOS (i.e., 11B, 11C, 11F, 11G, or 11H).

3.  Additionally, the Board did not find any evidence that any medals had been awarded to, then taken away from the applicant.  The evidence of record indicates the applicant was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device 1960, Vietnam Service Medal with one Bronze Service Star, and one Overseas Service Bar; however, these awards were not physically issued to him.

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.

NOTE:  The Army Review Boards Agency Support Division - St. Louis is directed to issue the applicant the following awards:  the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Vietnam Service Medal with one Bronze Service Star, and one Overseas Service Bar.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__KAK__  __MDM__  __TL____  DENY APPLICATION

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

INDEX

CASE ID	AR2001064777	
SUFFIX		
RECON		
DATE BOARDED	20020423	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19720522	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	Unfitness	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.