MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            19 August 1999                 
	DOCKET NUMBER:    AR1999019003

	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. Calvin M. Fowler		Chairperson	
	Ms. Celia L. Adolphi 		Member	
	Mr. Melvin H. Meyer		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 Bronze Star Medal with “V” Device and the Combat Infantryman Badge.   

APPLICANT STATES:  That he was eligible for both awards but they are not reflected on his DD Form 214 (Report of Transfer or Discharge). 

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

The applicant enlisted in the Regular Army on 8 July 1955 for a period of 3 years. He trained as a wheel vehicle mechanic and was honorably discharged on
17 June 1958.  He enlisted in the Navy on 14 December 1966 for a period of
2 years.  He trained as a gunner’s mate, served in Vietnam from May 1967 to November 1968 and was honorably discharged on 11 December 1968.

The applicant’s DD Forms 214, which are authenticated in his own hand, do not show award of the Bronze Star Medal with “V” Device or the Combat Infantryman Badge as authorized awards.

The applicant’s records contain a Naval Award Recommendation, dated 
14 December 1968, for the Bronze Star Medal with “V” Device for meritorious achievement while serving in the Republic of Vietnam from May 1967 to November 1968.      

The applicant’s records show he served in military occupational specialty
63 (wheel vehicle mechanic) during his enlistment in the Army.  There is no evidence in the applicant’s records that he was recommended for or awarded the Combat Infantryman Badge.  

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:

1.  The Board notes that the applicant’s second period of active federal service was in the Navy and that the recommendation for award of the Bronze Star Medal with “V” Device was executed by Naval officials.  Therefore, that period of service falls under the purview of the Department of the Navy and the applicant must apply to the Board for Correction of Naval Records for award of the Bronze Star Medal with “V” Device.

2.  Although the applicant contends that he was eligible for award of the Combat Infantryman Badge, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded or otherwise qualified for award of the Combat Infantryman Badge.  Therefore, he is not entitled to correction of his military records to show this award.

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

CMF____  CLA____  MHM____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019003	
SUFFIX		
RECON		
DATE BOARDED	19990819	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19681211	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON	Expiration of term of enlistment	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0111	
3.		
4.		
5.		
6.