MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 September 1999  
	DOCKET NUMBER:   AR1999015642

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		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, award of the Combat Infantryman Badge (CIB).  

APPLICANT STATES:  In effect, that he served on security platoon on “Dragon Mountain” guarding radar in Vietnam.  He contends his secondary military occupational specialty (MOS) was 11B (infantry) and believes he is entitled to the CIB for his duties in that MOS.  In support of his application, he submits a letter of explanation; DA Form 305-3 (Enlisted Personnel Roster); a map of North and South Vietnam; Standard Form 509 (Doctor’s Progress Notes), dated 10 June 1969 – 21 June 1969; and DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ), dated 19 June 1969.  

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

The applicant enlisted on 30 November 1967 for a period of 3 years.  He served as a cook in Vietnam from 13 September 1968 to 27 August 1969 and was honorably discharged on 27 November 1970. 

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the CIB as an authorized award.

The applicant’s personnel records show he was assigned to Headquarters & Band, 4th Infantry DISCOM during his assignment in Vietnam.  Headquarters United States Army Training Center Special Orders Number 27, dated 
29 January 1968, awarded the applicant MOS 94A10 (food service apprentice).  The applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant was awarded MOS 94B20 (cook) on 28 February 1968.  His DA Form 20 also shows his duty MOS in the Headquarters & Band, 4th Infantry DISCOM was 94B20. 

The applicant provided a copy of DA Form 305-3 (Enlisted Personnel Roster) which indicates his secondary MOS is 11 (infantry).  Item 22 (Military Occupational Specialties) on the applicant’s DA Form 20 shows one entry “PMOS 94B20 Cook” [Primary MOS].  The applicant’s personnel records fail to show he was awarded secondary MOS 11 (infantry). 

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.  The Board noted the applicant’s contention that his secondary MOS was 
11 (infantry) and the DA Form 305-3 (Enlisted Personnel Roster) submitted with his application.  However, there is no evidence of record available to the Board which supports this contention.   

2.  Evidence of record shows the applicant was awarded and served in MOS 94B as a cook during his assignment in Vietnam.

3.  There is no evidence of record available to the Board which shows the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam.  Therefore, he is not entitled to award of the CIB.    

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

MKP____  TNK_____  JMA_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015642	
SUFFIX		
RECON		
DATE BOARDED	19990902	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19701127	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration Term of Service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.