MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 8 August 2002
         DOCKET NUMBER: AR2002071947

         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:

Mr. Raymond J. Wagner		Chairperson
Mr. Lester Echols		Member
Ms. Margaret V. Thompson		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)

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APPLICANT REQUESTS: A second award of the Combat Infantryman Badge.

APPLICANT STATES: In effect, that he was awarded the Combat Infantryman Badge for his service in Vietnam in 1969. He contends that he is entitled to an additional award of the Combat Infantryman Badge for his service in Laos while assigned to the White Star Mobile Training Team in 1962. He also states that although his service records show his assignment as Supply Officer with Military Assistance Advisory Group (MAAG) Laos, his actual duty assignment was with a Special Forces “C” Detachment called the “White Star Mobile Training Team.” In support of his application, he submits a letter of explanation, dated 2 February 2002; his DA Form 66 (Officer Qualification Record); orders and citation for the Army Commendation Medal, dated 22 January 1963; orders for the Combat Infantryman Badge, dated 23 January 1969; and an excerpt from Army Regulation 600-8-22 (Military Awards) pertaining to the Combat Infantryman Badge.

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

The applicant completed over 20 years of active duty when he retired in the rank of lieutenant colonel on 30 November 1975.

The applicant’s retirement DD Form 214 (Report of Separation from Active Duty), which was authenticated in his own hand, shows one award of the Combat Infantryman Badge.

United States Military Assistance Command, Vietnam, Special Orders Number
23, dated 23 January 1969, show the applicant was awarded the first award of the Combat Infantryman Badge.

In support of his claim for a second award of the Combat Infantryman Badge, the applicant provided a citation for award of the Army Commendation Medal. This award was for meritorious performance of service while serving as Supply Officer with the White Star Mobile Training Unit and Projects Officer for the Deputy Post Commander, 7th Infantry Division, United States Forces in Korea during the period 19 February 1962 to 22 January 1963. He also provided his DA Form
66 (Officer Qualification Record) which shows that he was temporary duty (TDY) to Korea/Laos during the period 8 February 1962 through 27 January 1963.

The applicant’s retirement DD Form 214 shows the Vietnam Service Medal as an authorized award. The applicant’s DA Form 66 (Officer Qualification Record) shows that he served in Vietnam from 5 July 1968 through 1 July 1969 and participated in four campaigns. Therefore, the applicant is entitled to award of the Vietnam Service Medal with four bronze service stars which will be administratively corrected.

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

Paragraph 8-6f of Army Regulation 600-8-22 provides for the special provisions for entitlement to the Combat Infantryman Badge for service in Laos from 19 April 1961 to 6 October 1962. Regulation states that a soldier must have been assigned as member of a White Star Mobile Training Team while the team was attached to or working with a unit of regimental (groupment mobile) or smaller size of Forces Armee du Royaume (FAR), or with irregular type forces of regimental or smaller size; a member of MAAG-Laos assigned as an advisor to a region or zone of FAR, or while serving with irregular type forces of regimental or smaller size; or personally under hostile fire while assigned as specified above.

Army Regulation 600-8-22 also states, in pertinent part, that to date, a separate award of the Combat Infantryman Badge has been authorized for qualified soldiers in any of three conflicts: World War II (7 December 1941 to 3 September 1945), the Korean Conflict (27 June 1950 to 27 July 1953), and the Vietnam Conflict. Service in the Republic of Vietnam Conflict (after 1 March 1961) combined with qualifying service in Laos (19 April 1961 to 6 October 1962) is recognized by one award only regardless of whether a soldier has served one or multiple tours in any or all of these areas.

Army Regulation 600-8-22, in pertinent part, authorizes award of 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 appropriate service medal.

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 applicant was awarded the first award of the Combat Infantryman Badge on 23 January 1969 for his service in Vietnam.

2. The governing regulation states that service in the Republic of Vietnam Conflict (after 1 March 1961) combined with qualifying service in Laos (19 April 1961 to 6 October 1962) is recognized by one award only regardless of whether a soldier has served one or multiple tours in any or all of these areas. Therefore, there is no basis for granting the applicant’s request for a second award of the Combat Infantryman Badge.
3. The Board noted that the applicant was entitled to the Vietnam Service Medal with four bronze service stars which is not shown on his discharge document. Therefore, the Army Review Boards Agency (ARBA), Support Division, St. Louis is directed to make an administrative correction to the applicant’s discharge document to show this award.

4. 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.

5. 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: Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis furnish the individual concerned a DD Form 215 (Correction to DD Form 214) amending his retirement DD Form 214 to show in item
26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) award of the Vietnam Service Medal with four bronze service stars.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

RJW____ LE______ MVT_____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002071947
SUFFIX
RECON
DATE BOARDED	20020808
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.
3.
4.
5.
6.