MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 March 2003
	DOCKET NUMBER:   AR2002079972

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Shirley L. Powell		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:  In effect, that his military records be corrected to show the Combat Infantryman Badge (CIB), his correct military occupational specialty (MOS), the Presidential Unit Citation (PUC), and the Imgim Scott Patch.

APPLICANT STATES:  In effect, that his separation document (DD Form 214 ) does not show award of the CIB, his correct MOS, the PUC, and the Imgim Scott Patch. 

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

On 25 October 1967, the applicant entered the Army for a period of 3 years.  It also shows that he completed training and was awarded military occupational specialty (MOS) 51B (Carpenter).  

The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Korea (ROK) from 27 March 1968 to 26 April 1969, and that he was assigned to Company E, 2ND Engineer Battalion.  Item 41 (Awards and Decorations) shows that during his active duty tenure, he earned the 
Armed Forces Expeditionary Medal and National Defense Service Medal.  No other awards are listed in the record.  

On 23 January 1968, the applicant was honorably released from active duty in the rank and pay grade of specialist/ E-4 (SPC/E-4).  The DD Form 214 issued to and signed by him on the date of his separation also confirms that he completed a total of 2 years, 11 months, and 28 days of creditable active military service and that he accrued 20 days of time lost due to being absent without leave (AWOL).  

The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents indicating that his MOS was ever changed or that he was recommended for or awarded a CIB, or that the unit he served with earned a PUC.  

Army Regulation 600-8-22 (Military Awards) sets forth the Army criteria, policy and instructions concerning individual military awards.  It contains no reference to an Imgim Scott Patch nor does it include it in the list of authorized Army awards.  

Paragraph 7-13 contains the policy and procedure for awarding the PUC.  It states, in pertinent part, that is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  Army Unit Citation and Campaign Participation Credit Registers that provide lists of units that have been awarded the PUC does not include the applicant’s unit, Company E, 2ND Engineer Battalion, for the period 
27 March 1968 to 26 April 1969.
Chapter 8 contains the policy and procedures for awarding the CIB.  It states, in pertinent part, that the CIB is awarded to members with an infantry MOS who have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

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 Board notes the applicant’s contention that his separation document should be corrected to show his correct MOS, and to include the CIB, PUC, and Imgim Scott Patch in the list of authorized awards.  However, it finds insufficient evidence to support these claims.

2.  By regulation, in order to qualify for the CIB, a member must hold an infantry MOS, serve in an infantry unit, and be personally present with the unit while it is engaged in action against the enemy.  The record confirms that the applicant held the MOS 51B, a non-infantry MOS, that he served in an engineer unit, and there is no indication that he ever participated in ground combat with an infantry unit.  Therefore, the Board finds no evidentiary basis for awarding him the CIB.  

3.  The evidence of record also clearly shows that the only MOS the applicant held during his active duty tenure was 51B (Carpenter).  Thus, the Board finds insufficient evidence to support changing the MOS currently listed in his separation document or in his record. 

4.  In addition, Army Unit Citation and Campaign Participation Credit Registers that contain the list of units that have been awarded the PUC do not list the applicant’s unit among those units that earned the PUC during the period he served on active duty.  Therefore, the Board finds no basis to support adding the PUC to his record at this time. 

5.  Finally, in regard to the applicant’s claim that he was authorized to wear the Imgim Scott Patch, the Board finds no listing of this patch in the governing Army regulations or other publications that list authorized Army awards, and it concludes that it is not an authorized Army award.  Thus, the Board finds no effective relief is available in regard to this issue.  

6.  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

__SAC__  __TSK _  __ SLP__  DENY APPLICATION 

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

INDEX

CASE ID	AR2002079972	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/03/11	
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.	100.500	
2.	107.0110	
3.	107.0092	
4.		
5.		
6.