MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  2 September 1999
	DOCKET NUMBER:   AR1999019066

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Thomas N. Kuhn		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:  That he be awarded the Combat Infantryman Badge (CIB), the Aircraft Crewmember Badge, and the Expert Marksmanship Badge with rifle bar for the M-14 rifle.  His request to correct his pay grade to E-5 and his blood group changed to AB+ on his DD Form 214 (report of separation) will be administratively handled by the Army Review Boards Agency, Support Division.

APPLICANT STATES:  That he was selected for E-5 before he left Vietnam and he did not receive any of the requested awards.  He believes that he was shorted in his pay when he was discharged.

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

He was inducted and entered active duty on 19 October 1966.  He completed training as a chemical apparatus operator and was assigned to Vietnam where he was assigned in his specialty to a field service company.  Effective 17 May 1968 he was promoted to grade E-5 by special order number 149 dated 28 May 1968.

Effective 28 August 1968 he was separated from active duty and transferred to the USAR.  His DD Form 214 shows his rank as sergeant but his pay grade as  E-4 with the same date of rank as his sergeant promotion order.  NOTE:  This is clearly an administrative error and will be corrected without Board action.  There are no pay records available and hence, no possible way to determine if he was incorrectly paid at separation.

The applicant’s branch is shown as chemical corps and his title as decontamination specialist.  His authorized awards include the expert marksmanship badge with rifle bar shown for the M-16.  None of the other requested awards are listed.  His blood group is listed as “A”.  NOTE:  His blood group is also an administrative error.  His available records show that he was blood typed as having AB+ blood group and this will be administratively corrected without Board action.  His medical records also show that he had a history of motion sickness.

There is no evidence of record that the applicant was ever trained in or served as either an infantryman or aircraft crewmember.  Orders in the available record show that he was awarded the expert marksmanship badge with rifle bar on 6 December 1966 for the M-14 rifle and again on 19 May 1967 for the M-16 rifle.

Army Regulation 672-5-1, in effect at the time, provided the policy for military awards.  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 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.  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.

An Aircraft Crewman Badge may be awarded by any commander of a unit with aircraft assigned to individuals in a flying status as crewmembers and to non-crewmembers who hold principal assignments as observers, medical aidmen, gunners, maintenance supervisors or technical inspectors.

Marksmanship badges are awarded to indicate the degree in which an individual last qualified and an appropriate bar is furnished to denote a particular weapon.  The regulation goes on to state that there is only one rifle bar regardless of the type rifle.

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.  Considering all the facts in this case and the evidence of record the applicant is not entitled to the awards he is now requesting.

2.  The applicant was not trained as nor did he serve in an infantry or aviation assignment that might have provided eligibility for the CIB or Aircraft Crewmember Badge.  The latest rifle qualification badge is correctly reflected on his DD Form 214.

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.

NOTE:  There is sufficient evidence of record to administratively correct the applicant’s DD Form 214 to show his grade at separation as E-5 and his blood group listed in remarks as AB+.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MP___  ___JA___  ___TK___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019066	
SUFFIX		
RECON		
DATE BOARDED	19990902	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	107.0108	
3.	107.0111	
4.	107.0118	
5.	110.04	
6.