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ARMY | BCMR | CY2002 | 2002083266C070215
Original file (2002083266C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 3 July 2003
         DOCKET NUMBER: AR2002083266

         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
Ms. Kathleen A. Newman Member
Mr. Patrick H. McGann, Jr. 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 his DD Form 214 (Report of Transfer or Discharge) be corrected to include all awards that he might be entitled to.

APPLICANT STATES: In effect, that he is entitled to the CIB (Combat Infantryman Badge), and the Vietnam Campaign Medal.

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

The applicant entered active duty on 1 March 1966. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 11D. During his service in Vietnam, his duty assignment was as an Armor Intelligence Specialist.

The applicant was honorably released from active duty on 15 January 1968 and transferred to the U.S. Army Reserve (USAR) Standby. His DD Form 214 lists his awards and decorations as the National Defense Service Medal, the Vietnam Service Medal and the Expert Qualification Badge with Rifle Bar. It lists his foreign service as 5 months and 6 days.

The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam for the period of 10 August 1967 through 13 January 1968 (5 months and 6 days) with the B Troop, 2nd Squadron, 1st Calvary Regiment, 2nd Armored Division.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross Unit Citation.

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 of the 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.

Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal. The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces.
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 finds that although the applicant may have served in combat, he did not have the required MOS nor is he shown to have been attached to an infantry unit of brigade, regimental or smaller size.

2. The Board finds that evidence of record does not support a finding that the applicant served in Vietnam the minimum six months required to be awarded the Republic of Vietnam Campaign Medal.

3. 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.

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

__rvo____ ___kan__ __phm__ DENY APPLICATION




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



INDEX

CASE ID AR2002083266
SUFFIX
RECON
DATE BOARDED 20030703
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION Denied
REVIEW AUTHORITY
ISSUES 1. 107.0111
2. 107.0094
3. 107.
4.
5.
6.


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