MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	

	BOARD DATE:            19 November 1998
	DOCKET NUMBER:    AC98-12023

	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. Hubert S. Shaw, Jr.		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:  Correction of his records to show award of the Combat Infantryman Badge.

APPLICANT STATES:  That the Combat Infantryman Badge was not included on his DD Form 214 (Report of Transfer or Discharge) and he would like this error corrected.

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

The applicant was inducted on 8 April 1971 and completed training as an infantry indirect fire crewman in military occupational specialty (MOS) 11C.  He served in Vietnam from 14 September 1971 to 9 March 1972 and was honorably discharged on 6 April 1973.

Records show that the applicant was assigned to the Headquarters Company of an infantry battalion in Vietnam and that he served in an infantry duty position in an infantry mortar platoon.  However, there is no evidence of record which shows that the applicant was recommended for or was awarded the Combat Infantryman Badge.  

Item 41 of the applicant’s DA Form 20 (Enlisted Qualification Record) does not show the Combat Infantryman Badge as an authorized award.  The applicant’s DD Form 214, which was authenticated in his own hand at the time of his discharge from active duty, does not show the Combat Infantryman Badge as an authorized award.

Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows that while assigned in Vietnam his conduct and efficiency was “UNSAT” [unsatisfactory] and that a bar to reenlistment was imposed while he was assigned in Vietnam.

Army Regulation 600-8-22 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.

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 which shows that the applicant was recommended for or awarded the Combat Infantryman Badge.
2.  The applicant did possess an infantry MOS and was assigned in an infantry battalion.  However, evidence of record shows that the applicant did not perform satisfactorily during his assignment in Vietnam and was barred from future reenlistment.

3.  The Board notes satisfactory performance is a requirement for award of the Combat Infantryman Badge and the applicant did not meet this requirement.

4.  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.

5.  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

INDEX

CASE ID	AC98-12023	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981119	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.