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ARMY | BCMR | CY2001 | 2001056307C070420
Original file (2001056307C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 14 AUGUST 2001
         DOCKET NUMBER: AR2001056307

         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Ronald E. Blakely Member
Mr. Joe R. Schroeder 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, award of the Combat Infantryman Badge.

APPLICANT STATES: In effect, that he needs his records corrected in such a way to confirm that he was involved "in battle…and served in combat positions" while in Vietnam in spite of the fact that he did not hold an infantryman's specialty. He states he needs "this adjustment for filing" a claim for PTSD (post traumatic stress disorder). In support of his request he submits a copy of an order awarding him an Army Commendation Medal for "meritorious service in connection with military operations against a hostile force."

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

He served on active duty between June 1966 and June 1970 when he was honorably discharged under a program for separating overseas returnees.

During his more than 3 years of active military service he was primarily assigned duties in his primary military specialty (MOS), 63C/B (vehicle mechanic). In December 1969 he was promoted to pay grade E-5 in specialty 63B. His records do indicate, however, that in July 1969 he assumed duties as a wireman (specialty 36K) with an aviation group in Vietnam and performed those duties until his return to the United States in June 1970. There is, however, no indication he was ever awarded 36K as a primary or secondary specialty.

Prior to departing Vietnam, the applicant was awarded an Army Commendation Medal in recognition of his "meritorious service in connection with military operations against a hostile force" during the period July 1969 through June 1970.

In October 2000 the applicant submitted a request to this Board to have his records corrected to reflect award of the Combat Infantryman Badge. That request was administratively closed by a letter from officials at the Review Boards Agency Support Division in St. Louis. In that letter the applicant was informed that he did not meet the qualification requirements for award of the Combat Infantryman Badge and was told that he could apply again if he could "provide the Board with any supporting documents or other evidence relevant to [his] application."

There are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.




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 presumes that the applicant is requesting that his records be corrected to reflect award of the Combat Infantryman Badge in order to confirm that he was engaged in active ground combat while in Vietnam which could then substantiate his PTSD claim.

2. Unfortunately, while the applicant may have received an Army Commendation Medal in recognition of his "meritorious service in connection with military operations against a hostile force" that award does not serve as a basis for entitlement to the Combat Infantryman Badge. As the applicant has previously been informed, the Combat Infantryman Badge is awarded to individuals holding an infantry specialty, assigned to an infantry unit, and actively engaged in ground combat. While the applicant may very well have been engaged in combat activities he did not hold an infantry specialty and as such does not meet the basic qualification for award of the Combat Infantryman Badge.

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 that 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

__WTM__ __REB__ __JRS __ DENY APPLICATION



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




INDEX

CASE ID AR2001056307
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010814
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.


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