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ARMY | BCMR | CY2002 | 2002075498C070403
Original file (2002075498C070403.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 12 December 2002
         DOCKET NUMBER: AR2002075498

         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. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Roger W. Able Chairperson
Ms. Karen Y. Fletcher Member
Mr. Bernard P. Ingold 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: That he was never awarded his CIB when he served in Vietnam. He provides no supporting evidence.

EVIDENCE OF RECORD: The applicant's military records, except for a few documents, from his Army of the United States and Regular Army service are not available. Information contained herein was obtained from alternate sources.

The applicant was inducted into the Army sometime in 1964. A certificate of training shows he completed the Administration and Personnel Management Course, military occupational specialty (MOS) 710/711, on 19 February 1965. He was honorably discharged on 19 June 1966 and enlisted in the Regular Army on 20 June 1966.

The applicant's Armed Forces of the United States Report of Transfer or Discharge, DD Form 214, shows that he served in Vietnam from 16 December 1967 - 15 December 1968. Item 23a of his DD Form 214 shows he separated on 19 June 1970 holding MOS 76P20 (Stock Control and Accounting Specialist).

Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards. In pertinent part, it states that the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain. The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen. In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches. Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions. From the beginning, Army leadership have taken care to retain the badge for the unique purpose for which it was established. There are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate 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. 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.
2. The applicant's records from the time of his service in Vietnam are not available. However, there is evidence of record to show he was initially awarded an administration MOS and separated holding a quartermaster MOS. There is no evidence to show he held an infantry MOS and no evidence to show what type of unit and what type of duties he performed in Vietnam. There is insufficient evidence to show he met the eligibility criteria for award of the CIB.

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.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__RWA__ __KYF___ __BPI__ DENY APPLICATION



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




INDEX

CASE ID AR2002075498
SUFFIX
RECON
DATE BOARDED 2002/12/12
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0111
2.
3.
4.
5.
6.



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