MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 23 April 2002
         DOCKET NUMBER: AR2001065123


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Mark D. Manning		Member
Mr. Thomas Lanyi		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: Reconsideration of his earlier appeal to correct his military records to show award of the Bronze Star Medal and the Combat Infantryman Badge.

APPLICANT STATES: In effect, that he does not agree with the Board’s previous decision that he does not meet the eligibility criteria for the Combat Infantryman Badge. He contends that his initial assignment in Vietnam was with the 527th Transportation Detachment, 101st Airborne Division; however, subsequently, he was sent with the 101st Airborne Division, 2nd Battalion, 502nd Infantry. During this assignment he was sent into the field and was awarded the Bronze Star Medal and the Army Commendation Medal. He also contends that he was on “Hamburger Hill”.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case (AR2001058735) on
11 September 2001.

The applicant submits a copy of a citation for the Bronze Star Medal for meritorious service during the period 1 October 1968 to 31 May 1969.

The applicant’s submission is new evidence that requires Board consideration.

The Board notes that there are no general orders for the Bronze Star Medal in the applicant’s service personnel records.

The Board also notes that the applicant’s service personnel records show that he was awarded military occupational specialty (MOS) 68D (powertrain repairman). His DA Form 20 (Enlisted Qualification Record) shows his duty MOS as 68D during his assignment in Vietnam. His assignment orders show he was assigned to the 527th Transportation Detachment, 101st Airborne Division, during his assignment in Vietnam.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

Army Regulation 600-8-22 (Military Awards) 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.

U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service. Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.” This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration. This includes but is not limited to any facts or arguments as to why relief should be granted. The staff of the Board is authorized to determine whether or not such evidence has been submitted.

The regulation provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.



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 considered the applicant’s contention that he was awarded the Bronze Star Medal. The Board also considered the citation for the Bronze Star Medal provided by the applicant. However, in accordance with the governing regulation, awards made by the Secretary of the Army will be announced in general orders. There are no general orders for the Bronze Star Medal in the applicant’s military records. Therefore, the Board finds the award certificate insufficient as a basis for award of the Bronze Star Medal in the case.

2. The Board considered the applicant’s contention that he meets the eligibility criteria for award of the Combat Infantryman Badge. However, there is no evidence available to the Board which shows that the applicant was awarded an infantry MOS, that he served in an infantry duty position or that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3. The overall merits of the case, including the latest submission and arguments, are insufficient as a basis for the Board to reverse its previous decision.

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

KAK____ MDM____ TL______ DENY APPLICATION



         Carl W. S. Chun

Director, Army Board for Correction
         of Military Records

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INDEX

CASE ID	AR2001065123
SUFFIX
RECON	Yes
DATE BOARDED	20020423
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.