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ARMY | BCMR | CY2002 | 2002077267C070215
Original file (2002077267C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 4 February 2003
         DOCKET NUMBER: AR2002077267

         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. W. W. Osborn,Jr. Analyst


The following members, a quorum, were present:

Mr. Melvin H. Meyer Chairperson
Mr. Curtis L. Greenway Member
Mr. Ronald J. Weaver 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, that his DD Form 214, Report of Transfer or Discharge, be corrected to show that his military occupational specialty (MOS) was 11B (infantry)

APPLICANT STATES: That he received infantry training and that 94B20 (cook) was his secondary MOS.

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

He was inducted on 18 May 1975, completed preliminary basic training and basic combat training and was stationed at Fort Benning, Georgia as a cook's helper with the 162nd Aviation Company. On 15 January 1966 he transferred to Vietnam with his unit where he served as a cook. On 25 February 1966 he sustained a fragment wound to the thigh when the base was mortared.

The applicant was separated on 17 May 1967 and transferred to the Army Reserve in pay grade E-4. His DD Form 214 lists his MOS as 94B20 (cook). Although the Combat Infantryman Badge is listed as an authorized award on his DD Form 214, there is no evidence of record to substantiate that award.

Army Regulation 600-8-22 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, 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.

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. There is no evidence of record to substantiate the applicant's request.

2. 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.

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

MHM___ __CLG__ __RJW __ DENY APPLICATION



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




INDEX

CASE ID AR2002077267
SUFFIX
RECON
DATE BOARDED 20030204
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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