MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 September 1999  
	DOCKET NUMBER:   AR1999018925

	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 did not receive the CIB for serving in combat with the 199th Light Infantry Brigade A 2/3.  He contends that he was the commanding officer’s RTO, that he experienced many firefights with the enemy and was told he could not receive the CIB because his military occupational specialty (MOS) was 31B20 (field radio mechanic).  He also contends that he needs the CIB to resolve his disability claim with the VA, that he is
100% disabled on Social Security and has been diagnosed as chronic, intense, severe, Post Traumatic Stress Disorder because of his combat experience.  In support of his application, he submits a letter of explanation, numerous photographs depicting events in Vietnam and medical records from the VA.

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

The applicant enlisted on 17 July 1968 and served as a field radio mechanic and field radio repairman in Vietnam from 14 March 1969 to 12 March 1970.  He was honorably discharged on 21 July 1972 and transferred to the Army Reserve.  He entered active duty on 12 September 1972 and was honorably discharged under the provisions of Army Regulation 635-200, chapter 6, for hardship, on 29 June 1976.   

The applicant’s discharge documents, which were authenticated in his own hand, do not show the CIB as an authorized award.

The applicant’s personnel records show he was assigned to an infantry company in MOS 31B (field radio mechanic) and a maintenance battalion in MOS 31E (field radio repairman) during his assignment in Vietnam.

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.  Evidence of record shows the applicant served in MOS 31B (field radio mechanic) and MOS 31E (field radio repairman) during his assignment in Vietnam.   

2.  There is no evidence that 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.

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

MKP____  TNK_____  JMA____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018925	
SUFFIX		
RECON		
DATE BOARDED	19990902	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19760629	
DISCHARGE AUTHORITY	AR 635-200 Chapter 6	
DISCHARGE REASON	Hardship	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.