MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           29 APRIL 2003                  
	DOCKET NUMBER:   AR2002079256

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Bernard P. Ingold		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 by awarding him the Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he was in combat while in Vietnam and was never awarded the CIB.

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

The applicant enlisted in the Regular Army on 20 January 1966, for a period of    3 years.  He completed basic combat training at Fort Bliss, Texas and advanced individual training at Fort Sill, Oklahoma.  He was awarded the Military Occupational Specialty (MOS) 13A (Field Artillery).

He served in Vietnam from September 1966 to September 1967, and in Germany from June 1968 to March 1969.  While in Vietnam he served with C Battery, 3d Battalion, 319th Artillery, in MOS 13A.

The applicant was honorably discharged on 22 March 1969 under the provisions of Army Regulation 635-200, early separation from overseas.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates he had 2 years, 11 months and 12 days of creditable service, and was awarded the National Defense Service Medal, the Air Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, the Parachute Badge, and the Marksman Badge M-14.

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, 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.

By virtue of the applicant's service with C Battery, 3d Battalion, 319th Artillery, he is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation, the Presidential Unit Citation, and the Vietnam Service Medal with three Bronze Service Stars for his participation in Counteroffensive Phase II, Counteroffensive Phase III, and the TET Counteroffensive.  His separation document should be corrected to reflect these awards.

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 in the available records to show that the applicant was ever trained as or awarded an infantry specialty.  The mere fact that he was in combat during his tour in Vietnam does not justify or warrant the award of the  Combat Infantryman Badge.  

2.  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 that requirement.

3.  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:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Presidential Unit Citation, and the Vietnam Service Medal with three Bronze Service Stars.  

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JNS __  __TL____  __BPI___  DENY APPLICATION

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

INDEX

CASE ID	AR2002079256	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030429	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.