MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            10 November 1998                  
	DOCKET NUMBER:   AC98-09982

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Irene E. Wheelwright		Member	
	Ms. Margaret K. Patterson 		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 records be corrected to show his entitlement to award of the Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he was awarded the CIB on 26 December 1951 while assigned to Company I, 180th Infantry, 45th Division, in Korea; however, he was not aware the award was not on his separation document until he recently obtained a copy.

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

He enlisted in the Army on 17 January 1951.  He completed his required training and was awarded military occupational specialty 1821 (Artillery).  He served in Japan and Korea for a period of 16 months, as an artilleryman.

The applicant’s DD Form 214 (Report of Separation from the Armed Services of the United States), which is authenticated in his own hand, does not show the CIB as an authorized award.  His DD Form 214 shows his MOS was artillery.

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB. That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active 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.  Evidence of record shows the applicant had an artillery MOS and served in an artillery unit; therefore, he is ineligible for award of the CIB.

2.  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

CMF_____  IEW____  MKP____  DENY APPLICATION

						Loren G. Harrell
						      Director