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ARMY | BCMR | CY2002 | 2002078251C070215
Original file (2002078251C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 22 May 2003
         DOCKET NUMBER: AR2002078251

         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. G. E. Vandenberg Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Stanley Kelley Member
Ms. Gail J. Wire 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: In effect, although he did not hold an infantry military occupational specialty (MOS) his assignment with the 758th Supply Company placed him in a position where his duties varied greatly from those normally associated with his MOS. He states that he received special weapons training from the Special Forces and performed duties as a perimeter guard. He states that the bases he was stationed at took a lot of rocket and mortar fire and that he was wounded in one such attack.

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

The applicant entered active duty on 17 August 1966. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 76A (Supply Clerk).

The applicant served in Vietnam from 23 June 1967 through 14 June 1968 with first the 228th Supply and Service Company and then with the 758th Supply and Service Company.

He was honorably released for active duty and transferred to the Reserve on 17 June 1968.

The applicant has previously requested that this Board correct of his records by awarding him the Purple Heart. The Board denied that request on 1 May 2001. However as a result of that review the applicant’s records were corrected to show his awards and decorations as the Good Conduct Medal, the Meritorious Unit Citation, the Vietnam Service Medal with 3 bronze service stars, the Republic of Vietnam Campaign Medal, and the National Defense Service Medal.

Army Regulation 600-8-22, paragraph 8-6 sets forth the Army policy and procedures for award of the CIB. In effect, that paragraph states that there are three basic requirements for award of the CIB. The enlisted soldier must have an infantry specialty, he must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and he must be personally present and under hostile fire while serving in that unit.

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 Board is aware that many soldiers performed duties and provided services that were far removed from their official duties and well outside their normal MOSs. These duties frequently included guard duty and base defense.
2. However, the regulations are very specific that in order to qualify for the CIB, a soldier must have been serving in and performing infantry duties in an infantry unit while engaged in active ground combat.

3. The applicant has not provided any evidence that he was serving in an infantry MOS, assigned to an infantry unit while under hostile fire. Therefore the Board concludes that award of the CIB is not warranted.

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.


BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__RVO__ ___SK __ ___GJW_ DENY APPLICATION




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



INDEX

CASE ID AR2002078251
SUFFIX
RECON
DATE BOARDED 20030522
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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