MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            25 February 1999
	DOCKET NUMBER:   AC98-10905
                                              AR1998000084

	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. Jeanie M. Biggs		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Ms. Jennifer L Prater		Member	
	Mr. Samuel Calderon		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, his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was awarded the Combat Infantry Badge (CIB) and was assigned to the 28th Infantry Division.

APPLICANT STATES:  In effect, that he served 14 months of combat duty with the 28th Infantry Division and should be awarded the CIB.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from information provided by the applicant.

His WD AGO Form 53-55 shows that he was inducted on 22 March 1944.  His military occupational specialty (MOS) was utilities Non-Commissioned Officer and he served 1 year, 1 month and 20 days in the European Theater of Operations.  He was honorably discharged on 25 November 1945 in the grade of corporal.

His awards include the Good Conduct Medal with One Bronze Service Star, the European African Middle East Theater Ribbon, the World War II Victory Ribbon and two Overseas Bars.

The applicant’s available records contain no information showing that he was assigned to the 28th Infantry Division or that he received the CIB.

Army Regulation 600-8-22, Military Awards, provides in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry MOS and must perform primary duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

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.  Although the applicant was assigned to an infantry unit, it does not entitle him to the CIB.  The record must show that he was actually engaged in combat with   the enemy.  The record does not show that he was engaged in hostile action nor does it show that he was recommended for the award.

2.  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 his 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

_JMA____  _JLP ___  _SC_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10905/AR1998000084	
SUFFIX		
RECON		
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451125	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.