MEM ORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 13 November 2003
                  DOCKET NUMBER: AR2003086715

         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. Carolyn Wade		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Ronald E. Blakely		Member
Ms. Eloise C. Prendergast		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)

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APPLICANT REQUESTS: That he be awarded the Combat Infantryman Badge (CIB).

APPLICANT STATES: In effect, that he was assigned to Company B, 2nd Battalion, 173rd Airborne Brigade in military occupational specialty (MOS) 11B (Light Weapons Infantryman) while serving in Vietnam and that he served in the field. He also states that after a few months of rear duty, he returned to the field and he remained in the field until he completed his tour of duty in Vietnam.

The applicant submits a copy of his DD Form 214 (Report of Separation from Active Duty) for the period ending 13 March 1975; a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 July 1971; a copy of an inquiry to the National Personnel Records Center (NPRC), dated 16 April 1999; and a reply from the NPRC, also dated 16 April 1999.

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

He enlisted on 30 July 1968 for a period of 3 years and airborne training. He completed his training and was awarded military occupational specialty (MOS) 11B as his primary MOS on 2 December 1968. On 25 January 1969, the applicant was transferred to Germany.

On 28 February 1969, MOS 11B was withdrawn as the applicant’s primary MOS and MOS 76Y (Unit and Organization Supply Specialist) was awarded as his primary MOS. He served in Germany until he was transferred to Vietnam on 24 May 1969.

On 28 May 1969, the applicant was assigned to Company B, 2nd Airborne Battalion, 503rd Infantry, 173rd Airborne Brigade, for duty as an armorer in primary MOS 76Y. On 14 April 1970, the applicant was awarded a secondary MOS of 11B.

On 20 April 1970, the applicant was awarded a Bronze Star Medal (BSM) for meritorious achievement from 4 June 1969 to 18 March 1970 in connection with ground operations against a hostile force in the Republic of Vietnam.

On 29 April 1970, the applicant returned from Vietnam and was assigned to Fort Leonard Wood, Missouri, for duty as an instructor in duty MOS 11B.

On 29 July 1971, the applicant was honorably released from active duty in the pay grade of E-4 and was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement). He was credited with 3 years of active service. The applicant’s DD Form 214 reflects the following awards: the Republic of Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Ribbon w/60 Device, 2 Overseas [Service] Bars, an Expert [Marksmanship] Badge (Rifle), the Good Conduct Medal, and the National Defense Service Medal. It does not reflect award of the BSM.

On 25 September 1973, the applicant enlisted for a period of 4 years, the Continental United States (CONUS) Unit of Choice Enlistment Option - the 101st Airborne Division, and the US Army Cash Bonus Enlistment Option.

On 1 April 1974, following completion of all required military training, the applicant was assigned to Fort Campbell, Kentucky, for duty as a Radio Telephone Operator in MOS 11B.

On 16 June 1974, the applicant was evaluated in MOS 76Y and MOS 11B and was verified in MOS 11B.

On 29 November 1974, the applicant was assigned to Fort Stewart, Georgia, and remained there until he was discharged on 13 March 1975 with an honorable discharge. He was credited with 1 year, 4 months, and 21 days of active service and a total time in service of 6 years, 6 months, and 17 days. He also had 28 days of lost time. His DD Form 214 reflects the following awards: the Republic of Vietnam Service Medal, the Republic of Vietnam Campaign Ribbon w/60 Device, 2 Overseas [Service] Bars, the Expert Badge (Rifle), the Parachutist Badge, the Good Conduct Medal, and the National Defense Service Medal.

A review of the available records, which includes a copy of his Enlisted Qualification Record (DA Form 20) fails to show that the applicant was serving in an infantry MOS when he served in Vietnam. The evidence of record shows the applicant was serving in MOS 76Y during his service in Vietnam.

Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. The applicant served in Vietnam from 24 May 1969 to 29 April 1970.

Army Regulation (AR) 672-5-1, in effect at the time, established the criteria for award of the CIB. It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry MOS and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.

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United States Army Vietnam Regulation 672-1, Appendix V, provided further guidance on award of the CIB. It states, in pertinent part, that the criteria contained in AR 672-5-1 are based on the principle that the infantry MOS identifies the man who is trained, lives and fights as an infantryman. The CIB is a unique award which was established to recognize the infantryman, and only the infantryman, for his service. The CIB has succeeded in its basic purpose of distinguishing the infantryman and has maintained the morale and distinction of our basic fighting arm. The CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat. Other awards and decorations are designed to accommodate these situations.

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. Although the applicant was initially awarded 11B as his primary MOS, it was withdrawn on 28 February 1969 and he was awarded MOS 76Y as his primary MOS on the same date. This is the MOS he served in while assigned to Vietnam.

3. Despite the fact the applicant served his tour of duty in Vietnam as an armorer with an infantry unit, there is no evidence which shows that while serving as an armorer he was serving in an infantry MOS, was engaged in active ground combat, or that he actively participated in such combat.

4. Additionally, the applicant has not provided any evidence which shows that he was awarded the CIB or that he served in an infantry MOS in combat while assigned to the 173rd Airborne Brigade in Vietnam.

5. The evidence of record shows the applicant served in MOS 76Y, which did not qualify for award of the CIB. Therefore, the applicant was not eligible for award of the CIB at the time of his service in Vietnam and there is no basis for award of the CIB to him now.

6. The applicant is authorized administrative award of the BSM and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for his period of service in Vietnam.

7. In view of the foregoing, there is no basis for granting the applicant's request for award of the CIB.

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DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: Request that the Army Review Boards Agency, Support Division, St. Louis furnish the individual concerned a DD Form 215 (Correction to DD Form 214) to correct an administrative error on his DD Form 214 issued for the period of service ending 29 July 1971 by showing that he was awarded the BSM and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__aao___ __reb___ __ecp___ DENY APPLICATION

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

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INDEX

CASE ID	AR2003086715
SUFFIX
RECON
DATE BOARDED	20031113
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.
3.
4.
5.
6.