MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 May 2003                  
	DOCKET NUMBER:   AR2002078058

	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. Stanley Kelley		Member	
	Ms. Gail J. Wire		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 records be corrected to include award of the Combat Infantryman Badge (CIB).

APPLICANT STATES:  In effect, he served as a part of the Phoenix Program, in a position similar to members of Army Special Forces and Navy SEALS who did receive the CIB and the Combat Action Ribbon (CAR).  He states that others who served in the same capacity received the CIB and that Naval personnel who served in a similar position have been granted the CAR.  As a member of the Phoenix Program, he cannot understand why he did not receive the CIB.  He states that it a great injustice to the 600 plus Military Intelligence Advisors assigned to the Phoenix Program not to be awarded the CIB.

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

The applicant entered active duty on 14 July 1961 and served continuously until he was medically retired on 23 August 1979.  His primary military occupational specialty (MOS) was 97B (Counter Intelligence Agent), with secondary MOSs of 63B (Wheeled Vehicle Mechanic) and 71L (Administrative Specialist). 

The applicant served a total of nine years overseas with tours in France, Italy, Germany, and two tours in Vietnam, 11 July 1963 through 25 August 1964 and 1 January 1971 through 16 December 1971.  

The DD Form 214 (Report of Separation from Active Duty) lists his awards and decorations as the Bronze Star Medal, the Army Commendation Medal with one oak leaf cluster, the Good Conduct Medal (5 awards), the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal, the Republic of Vietnam (RVN) Campaign Medal, the RVN Cross of Gallantry Cross Unit Citation, the Meritorious Unit Citation, the Expert Qualification Badge with Rifle Bar, and four Overseas Service Bars.  

The applicant’s DA Form 2-1 (Personnel Qualifications Record) shows he participated in four campaign periods during his two tours in Vietnam.

A 20 July 1999 DA Form 1577 (Authorization for Issuance of Awards) lists the applicant’s awards as Bronze Star Medal, the Army Commendation Medal, the Good Conduct Medal (5 awards), the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal with 4 bronze service stars, the Republic of Vietnam (RVN) Campaign Medal, the RVN Cross of Gallantry Cross Unit Citation, the Meritorious Unit Citation, and the Expert Qualification Badge with Rifle Bar.  It also lists the United Nations Service Medal and the Army Occupation Medal with Germany clasp.

There is no available evidence to show that the applicant was authorized the United Nations Service Medal and the Army Occupation Medal with Germany Clasp.  

A 15 August 1971 Letter of Commendation states that the applicant was being commended for his performance as an Assistant Coordinator for the District Intelligence and Operations Coordination Center.  It notes that the applicant served as an advisor to the National Police and the National Police Field Forces. It reports that he came under hostile fire on three occasions.

In a personal statement, submitted with his application, the applicant states that his Team Commander attempted to have him "reslotted" to an infantry position in order to qualify for the CIB.  Those efforts were unsuccessful because he was in a controlled MOS and the local personnel office lacked the authority to reassign him.  He notes that of the 12 men assigned to Advisor Team 15 only the Civil Affairs officer, the team medic and two military intelligence personnel did not receive the CIB.

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 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, 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.  Special provisions that excluded the MOS requirements apply to officers, warrant officers and enlisted personnel who served as advisors to Vietnamese infantry units or to infantry type irregular units.

Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Secretary of the Navy authorized the Combat Action Ribbon on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of 0-6 and below who have actively participated in ground or surface combat.  The Department of Defense Instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia 1 March 1961 and ending with Operation Desert Storm in 1991.  

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 Combat Action Ribbon is awarded to Naval personnel who served in combat.  It does not have the same type military specialty limitations as are placed on the CIB.  
2.  By his own statement, the applicant was never officially assigned to an Army infantry MOS.  Although he did serve under combat conditions and came under hostile fire he has not shown that he did so in the capacity of an advisor to a Vietnamese infantry unit or to infantry type irregular unit. 

3.  The applicant’s records do not correctly reflect the awards and decorations that he is authorized.  These administrative errors should be corrected as indicated in the Note below.  

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.

NOTE:  ABCMR St. Louis is requested to administratively correct the applicant’s records to show four bronze service stars to be worn on the Vietnam Service Medal and to delete the erroneous entries, on the DD Form 1577, showing award of the United Nations Service Medal and the Army of the Occupation Medal with Germany clasp; and 

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___GVO_  __SK ___  __GJW __  DENY APPLICATION

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

INDEX

CASE ID	AR2002078058	
SUFFIX		
RECON		
DATE BOARDED	20030522	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.     CIB	
2.	107.     CAR	
3.		
4.		
5.		
6.