MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            10 June 1999      
	DOCKET NUMBER:   AR1999015055

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		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:  Award of the Army Commendation Medal (ARCOM) with “V” Device and the Combat Infantryman Badge (CIB).  

APPLICANT STATES:  That the two medals were not listed on his DD Form 214 (Report of Transfer or Discharge).  In support of his application, he submits a copy of orders for award of the ARCOM with “V” Device.  

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

The applicant enlisted on 9 April 1968 for a period of 3 years.  He underwent advanced individual training as a wheel vehicle mechanic, military occupational specialty (MOS) 63B20.  He served in Vietnam from 12 September 1968 through 2 September 1969 and was honorably discharged on 8 April 1971. 

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the ARCOM with “V” Device or the CIB as authorized awards.  The Board notes the DD Form 214 does show the Army Commendation Medal. 

A DD Form 215 (Correction to DD Form 214) was issued on 1 April 1999 amending the applicant’s DD Form 214 to show award of the Army Commendation Medal with first Oak Leaf Cluster and “V” Device.  Therefore, that portion of the applicant’s request for Army Commendation Medal with “V” Device is not discussed further.

There are no orders in the applicant’s records which show that he was awarded the CIB.  There is no evidence that the applicant was recommended for the CIB by his chain of command.  

The applicant’s personnel records show he was assigned to Company C,
87th Engineer Battalion; the 497th Engineer Company; Battery A, 1st Battalion, 
77th Artillery; and Headquarters, Headquarters Service Battery, 1st Battalion,
77th Artillery during his assignment in Vietnam.  Headquarters 1st Air Cavalry Division Special Orders Number 238, dated 26 August 1969, awarded the applicant a primary MOS 13E40 (Field Artillery Operations Intelligence Assistant) and withdrew MOS 63B20.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant’s duty MOS’s in Vietnam were 63B20 and 13E40.   

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

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 available to the Board, and the applicant has provided no evidence, that he was recommended for or was awarded the CIB. 

2.  Evidence of record shows the applicant served in a mechanics’ MOS and an artillery MOS, not an infantry MOS, during his assignment in Vietnam.  Therefore, he is not eligible for award of the CIB.

3.  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.

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

SAC____  SLP_____  EJA_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015055	
SUFFIX		
RECON		
DATE BOARDED	19990610	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710408	
DISCHARGE AUTHORITY	AR 635-200 CHAPTER 2	
DISCHARGE REASON	EXPIRATION OF TERM OF SERVICE	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	107.0111	
3.		
4.		
5.		
6.