MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	 

	BOARD DATE:             20 May 1999                 
	DOCKET NUMBER:	AC 98-05300B
		AR1999015109

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Margaret V. Thomas 		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:  Reconsideration of his previous application to correct his records by awarding him the Combat Infantryman’s Badge(CIB) and the Purple Heart.

APPLICANT STATES:  In effect, that he was reassigned from his ordnance unit to a infantry unit while serving in Viet Nam.  He believes that the way that his Bronze Star Medal certificate is worded clearly indicates that he was with an infantry unit thereby warranting the CIB.  He also indicates that he was wounded and received medical care for this combat related wound.

NEW EVIDENCE OR INFORMATION:  The applicant’s case is reopened in accordance with the Army Board for Correction of Military Records Reconsideration Project (ABCMR-RP) criteria.  The applicant’s previous request was administratively closed.  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 18 March 1998 (COPY ATTACHED). 

The applicant submits a newspaper clipping indicating the break up and reassignment of reservists from his unit to infantry units.  Included is a note of one of the reassigned soldiers being killed in action.  The applicant also submits three pages of follow-up treatment for consisting of notations between 10 May and 14 June 1969 for a dressing change.  No indication of what necessitated these dressing changes is included.

Army Regulation 600-8-22 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, 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 to show that that the applicant was reassigned to a qualifying infantry unit nor that he was awarded an infantry MOS.  Without an infantry MOS the CIB can not be awarded.

2.  The medical records submitted show treatment for an unknown condition of unknown nature without any supporting evidence that it was incurred while in action against the enemy or as a result of enemy action.  Therefore, these records do not meet the regulatory requirements for granting the award of the Purple Heart.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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
  
__EMW _  _HOF ___  __MVT__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC 98-05300B
AR1999015109	
SUFFIX		
RECON	 	
DATE BOARDED	19990520	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	  . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	46	
2.	61	
3.	157	
4.		
5.		
6.