MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           19 November 1998                  
	DOCKET NUMBER:   AC98-10485

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Ellis 		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:  Award of the Combat Infantryman Badge (CIB).  

APPLICANT STATES:  That he received the CIB in Vietnam in November 1966.

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

The applicant entered active duty on 31 August 1965 and underwent advanced individual training as a field artillery basic, military occupational specialty (MOS) 13A10.  He served in Vietnam from 7 October 1966 through 23 May 1967 and was separated from active duty with an honorable discharge on
13 November 1967. 

The applicant’s DD Form 214 (Report of Transfer or Discharge) with a separation date of 13 November 1967, which he authenticated in his own hand, does not show the CIB as an authorized award.  There are no orders in the applicant’s personnel records which show that he was awarded the CIB.  

The applicant’s personnel records show he was assigned to C Battery, 3d Howitzer Battalion, 6th Artillery during his assignment in Vietnam.  Headquarters 3d Howitzer Battalion, 6th Artillery Special Orders Number 138, dated
17 December 1966, awarded the applicant a primary MOS 63B20 (wheel vehicle mechanic) with a secondary MOS of 13A10.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant’s duty MOS’s in the
C Battery, 3d Howitzer Battalion, 6th Artillery from 7 October 1966 through
23 May 1967 were 13A10 and 63B20.   

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.

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 available to the Board, and the applicant has provided no evidence, that he was recommended for or was awarded the CIB. 

2.  Evidence of record shows the applicant served in an artillery MOS and a mechanic’s MOS, not an infantry MOS, during his assignment in Vietnam.  Therefore, he is not eligible for award of the CIB.

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 the aforementioned 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

FNE_____  TAP____  BJE_____  DENY APPLICATION

						Loren G. Harrell
						Director