MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  17 April 2003
	DOCKET NUMBER:  AR2002079793

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Ronald J. Weaver		Member	
	Mr. Harry B. Oberg		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 (CIB).

APPLICANT STATES:  That he was attached to the 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division, while serving in the Republic of Vietnam (RVN), and he participated in many battles with this unit.  In support of his application, he submits a copy of his separation document (DD Form 214). 

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 9 August 1968.  He was trained and served in military occupational specialty (MOS) 12A (Combat Engineer).  He also completed a tour in the RVN from 4 January 1969 to 3 January 1970, and was honorably discharged on 10 September 1971.

The applicant’s DD Form 214 does not include the CIB in the list of authorized awards.  However, his records do show he earned the following awards:  National Defense Service Medal; Vietnam Service Medal with three bronze service stars; RVN Campaign Medal with 60 Device; RVN Gallantry Cross with Palm Unit Citation; Air Medal; and Army Commendation Medal.

There are no orders in the applicant’s personnel records which show that he 
was awarded the CIB.  His records confirm that he served in MOS 12A as a combat engineer in an engineer battalion during his tour in the RVN.

Army Regulation 600-8-22 provides, in pertinent part, that the CIB is authorized to be awarded only to members with an infantry MOS, who 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.  The evidence of record shows that the applicant performed duties in MOS 12A as a combat engineer while serving in the RVN.  There is no evidence of record, and the applicant has provided no independent evidence that shows he was ever awarded the CIB.  Therefore, the Board concludes there is an insufficient evidentiary basis to warrant the requested relief. 

2.  The Board notes the applicant's contention that he was attached to the         1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division and participated in many battles with this unit.  However, there are no orders in the applicant's personnel records and the applicant has provided no evidence to support this claim, and even if true, the fact he did not hold an infantry MOS would still prohibit the award of the CIB.

3.  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.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__wm___  __rw___  ___ho___  DENY APPLICATION

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

INDEX

CASE ID	AR2002079793	
SUFFIX		
RECON		
DATE BOARDED	20030417	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710910	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	157	
2.		
3.		
4.		
5.		
6.