MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 September 2002
	DOCKET NUMBER:   AR2002074877

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Ms. Barbara J. Lutz		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 and a second Bronze Star Medal.  He states that he was awarded the Combat Infantryman Badge in 1967 or 1968.  He was also awarded a second Bronze Star Medal but is not sure if it was an oak leaf cluster or with “V” device.  He provides his Reports of Transfer or Discharge, DD Forms 214, for the periods ending      28 April 1969 and 29 February 1972 as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records, except for a few documents, from his Regular Army service are not available.  

The applicant’s DD Form 214 for his first term of service shows that he enlisted in the Regular Army on 22 July 1966.  He was discharged on 28 April 1969 for the purpose of immediately reenlisting on 29 April 1969.  He apparently served in Vietnam during his first term of service because his DD Form 214 for the period ending 28 April 1969 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, the Vietnam Campaign Medal with device 1960, the Army Commendation Medal, and the Bronze Star Medal.  Item 23a of this DD Form 214 shows his military occupational specialty (MOS) as 55B (Ammunition Storage Specialist).

The applicant was released from active duty to join the Army National Guard on 29 February 1972.  His DD Form 214 for this period shows he served in Vietnam from 22 June 1970 – 18 March 1971.  This DD Form 214 does not show any additional awards and decorations from those listed on his first DD Form 214.  Item 23a on this DD Form 214 also shows his MOS as 55B.

Army Regulation 600-8-22 provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.  It provides for award of the Bronze Star Medal in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters,   U. S. Military Assistance Command and its subordinate units during the period    8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

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 available evidence of record does not substantiate the applicant’s eligibility for award of the Combat Infantryman Badge.  His DD Forms 214 show his MOS as 55B, which is not an infantry MOS.  Without his Enlisted Qualification Record, DA Form 20, or other records from his Regular Army service available, the Board cannot determine if he ever held an infantry MOS and performed infantry duties with an infantry unit while in Vietnam.  

2.  The available evidence of record does not substantiate the applicant’s award of a second Bronze Star Medal.  Without his DA Form 20 or other records from his Regular Army service available, it cannot be determined what unit he was assigned to when he contends he was awarded a second Bronze Star Medal and the possible date of the claimed award cannot be pinpointed.  This makes it impossible to research other sources that could provide evidence of such an award.   

3.  The evidence of record verifies that the applicant was assigned to Vietnam; therefore, he met the eligibility criteria for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 will be directed to correct the applicant’s records to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JHL __  __ RVO  _  __BJL __  DENY APPLICATION 

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

INDEX

CASE ID	AR2002074887	
SUFFIX		
RECON		
DATE BOARDED	2002/08/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0111	
3.		
4.		
5.		
6.