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ARMY | BCMR | CY2002 | 2002075200C070403
Original file (2002075200C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 January 2003
         DOCKET NUMBER: AR2002075200

         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Stanley Kelley Member
Mr. Harry B. Oberg 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 he be awarded the Combat Infantryman Badge (CIB).

APPLICANT STATES: He was “functionally impaired to do anything because I was intoxicated in mind or drunkenness by attacked by mortar and rocket fire.” He continues that it was his job to not let the Viet Cong come into their landing zone at night. As such, he was engaged in combat and deserved the CIB.

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

He was inducted and entered on active duty on 25 May 1967. He completed basic combat training and then entered training to be a cook at Ft. Polk, Louisiana. He was awarded the military occupational specialty (MOS) of cook.

He served in Vietnam from 22 October 1967 to 17 October 1968. While in Vietnam, he served as a cook’s helper in the 21st Service and Supply Company, and was promoted to pay grade E-4.

On 23 May 1969, he was honorably released from active duty at the expiration of his term of service. His separation document shows that he was awarded the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with 1960 Device.

Subsequently, the applicant’s separation document was amended to show that he was awarded four bronze service stars to his Vietnam Service Medal, and that he was awarded the Vietnam Gallantry Cross with Palm Unit Citation.

Army Regulation 600-8-22 provides that the CIB 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.

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 was a cook, not an infantryman. As such, he was not entitled to the CIB.

2. In addition, the applicant was not assigned to an infantry unit. This further disqualifies him for the CIB.

3. While soldiers of all MOS’s are subject to hostile fire while serving in a combat zone, the CIB is reserved for the infantryman to acknowledge and honor those whose very job keeps them in the midst of hostilities. No other soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry. To maintain the prestige, uniqueness, and traditional value of the CIB, the criteria for award has changed little over the years.

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

____hbo_ ____sk__ ___rvo___ DENY APPLICATION



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




INDEX

CASE ID AR2002075200
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021219
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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