MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            14 October 1998  
	DOCKET NUMBER:   AC98-10915

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Robert W. Garrett		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 the award of the Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he served under combat conditions in New Guinea, Southern Philippines and Luzon attached to an infantry and; therefore, he is entitled to the CIB due to his service.  He further states that he served under combat conditions with the 2nd Calvary Division.

EVIDENCE OF RECORD:  The applicant's military records were partially lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained the remaining available record.

He was inducted into the Army on 17 September 1942.  He successfully completed his training in the military occupational specialty (MOS) of construction foreman.

His awards include the Meritorious Unit Award, the Bronze Arrowhead Medal, the Asiatic-Pacific Theater Ribbon w/3 Bronze stars; the Philippine Liberation Ribbon w/3 Bronze Stars, the Good Conduct Medal and the Victory Medal.  He completed 3 years, 3 months and 10 days of total active service prior to being honorably discharged on 26 December 1945.

On 27 December 1945, he enlisted in the Army Reserve.  He completed 5 years of inactive duty prior to being call to active duty on 27 September 1950. 

His Enlisted Record and Report of Separation (WD AGO Form 53-55) shows that served in New Guinea, Southern Philippines, and Luzon during his first tour of active duty.  It also shows that he was assigned to Company A 339th Engineer Construction Battalion.  His Report of Separation (DD Form 214) shows that he was assigned to the 2nd Infantry Division Headquarters, 2nd Armored Division during his second tour of duty on 27 September 1950.

He was granted a hardship/dependency discharge on 14 December 1950, after he completed 2 months and 17 days of total active service for this period of service.

A review of his record fails to show that the applicant served in an infantry MOS.

Army Regulation 600-8-22, in effect, provides Army policy on military decorations and awards.  It states, in pertinent part, that the CIB is awarded to soldiers who possess an infantry MOS and, who subsequent to 6 December 1941, have satisfactorily performed duty while assigned or attached to an infantry unit that 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.  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.

2.  The applicant’s overall active duty service has been noted by the Board.  However, he was not assigned an infantry MOS and; therefore, based on the regulatory guidelines he is not entitled to the award of the CIB.

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

__EW___  __RWG _  __JS____  DENY APPLICATION

						Loren G. Harrell
						Director