MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 January 1999                   
	DOCKET NUMBER:   AC98-12573
				   AR1998012641

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. John H. Kern		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, correction of his DD Form 214 to show he held military occupational specialties (MOSs) 11B (Infantryman) and 95B (Military Police) and that he be awarded the Combat Infantryman Badge.

APPLICANT STATES:  He served in Vietnam in a combat capacity.

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

He enlisted in the Regular Army on 3 September 1969.  He completed basic combat training and advanced individual training and was awarded MOS 76Y (Armorer/Unit Supply Specialist).

The applicant arrived in Vietnam on 5 September 1970.  His DA Form 20, Enlisted Qualification Record, shows that he was first assigned to the 610th Maintenance Support Battalion where his principal duty MOS was 76Y20 armorer; he was then assigned to the 87th Infantry where his principal duty MOS was 11B20 rifleman; and then to the 300th Military Police Company where his principal duty MOS was 76Y armorer.  He departed Vietnam on 15 February 1972 and was honorably separated on 16 February 1972.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge or release from active military service or control of the Amy.  It establishes standardized policy for the preparation and distribution of DD Form 214.  In pertinent part, it stated that block 23a was to be used to list MOSs held and the date awarded.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  There are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  

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 evidence to show he worked as an 11B but not that he was awarded that MOS.  While he was assigned to a Military Police unit, records indicate his duty MOS was 76Y. There is no evidence of record to show the applicant was awarded MOSs 11B or 95B.  The DD Form 214 only records MOSs that have been awarded.

2.  While the evidence of record does show that the applicant served as a rifleman while in Vietnam, there is no evidence that he was awarded the MOS of 11B, infantryman.  Also, by his own statement he performed “convoy escort duty and (sic) a great deal of hostile regions.”  He does not state that he actively participated in ground combat.  While his service is not to be denigrated, he does not meet the regulatory criteria for award of the Combat Infantryman Badge.

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

__JEV___  __MKP__  __JHK__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12573/AR1998012641	
SUFFIX		
RECON		
DATE BOARDED	19990127	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	107.00	
3.		
4.		
5.		
6.