MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 July 2003                  
	DOCKET NUMBER:   AR2002080520

	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:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John T. Meixell		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 show award of the Combat Medical Badge (CMB) or the Combat Infantryman Badge (CIB).

APPLICANT STATES:  In effect, that he is entitled to either the CIB or the CMB for his period of service in Vietnam.

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

The applicant entered active duty on 17 November 1964.  He completed basic combat training at Fort Leonard Wood, Missouri, and was transferred to Fort Sam Houston, Texas, for advanced individual training in military occupational specialty (MOS) 910.00 (Medical Corpsman).  The applicant did not complete this training and was reassigned back to Fort Leonard Wood in May 1965 for advanced individual training in MOS 941.00 (Cook, later changed to MOS 94B).  He successfully completed this training and was awarded MOS 94B.

The applicant's records show that he twice received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for failure to go to his appointed place of duty and for failure to obey a lawful order.  He was also convicted by a Summary Court-Martial of being absent without leave (AWOL) for 27 days.

On 18 May 1967 the applicant was notified that his command had instituted a bar to reenlistment.

The applicant was released from active duty and transferred to the US Army Reserve on 3 November 1967.  His DD Form 214 (Report of Transfer or Discharge) lists his awards and decorations as the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Marksman Badge with Rifle Bar.  He had 2 years, 10 months, and 20 days of creditable service with 27 days lost due to AWOL.

Block 38 of the applicant’s DA Form 20 (Enlisted Qualification Record) lists his duty MOS and principal duty from 5 August 1965 through the remainder of his period of service as 94B, cook.  It shows his overseas duty as Germany from 29 July 1965 through 29 June 1966, and Vietnam from 3 November 1966 through 1 November 1967, with his principal duty as a cook.  

While in Vietnam, the applicant is shown to have been attached to the Headquarters and Headquarters Company, 86th Maintenance Battalion from 25 November 1966 through 27 May 1967, and the 526th Collection Classification and Salvage Company, 5th Maintenance Battalion, from 28 May 1967 through 31 October 1967.

Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that the Combat Medical Badge (CMB) is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.

AR 600-8-22 also 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 of the 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.

AR 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days.  It also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriated campaign or service medal including the Vietnam Service Medal.  The designated campaign periods include but are not limited to: the Counteroffensive Phase II, 1 July 1966 through 31 May 1967 and the Counteroffensive Phase III, 1 June 1967 through 29 January 1968. 

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant never held an infantry or medical corpsman MOS, nor was he ever assigned to an infantry unit as an infantryman or medic.  Therefore, he does not meet the criteria for award of either the CIB or the CMB.

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 this 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:  The Board finds that the applicant is authorized two bronze service stars on his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  As these items are not properly reflected on his discharge document, ARBA St. Louis is requested to make the necessary administrative actions to correct the applicant’s records.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___JHL__  ___RKS_  __JTM __  DENY APPLICATION

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

INDEX

CASE ID	AR2002080520	
SUFFIX		
RECON		
DATE BOARDED	20030717	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	CIB/CMB	
2.		
3.		
4.		
5.		
6.