MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           2 February 2000
	DOCKET NUMBER:   AR1999028000

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge.

APPLICANT STATES:  That the 196th Infantry Brigade, the 1st of the 11th Armor and the 198th Infantry Brigade were attached to the Americal Division that he served in.  He contends that the people who served in these units received the Combat Infantryman Badge and that he saw combat with these organizations and “had to crawl into tunnels, dig mines, etc.”  In support of his application, the applicant submitted an extract from Vietnam Order of Battle.

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

That the applicant entered active duty on 31 July 1969 and completed training as a combat engineer in military occupational specialty (MOS) 12A.  He served in Vietnam in engineer companies from 26 August 1970 to 12 April 1972.  He was honorably discharged on 11 May 1972.

The applicant’s DD Form 214, which is authenticated in his own hand at the time discharge, does not show the Combat Infantryman Badge as an authorized award.

There are no orders in the applicant’s records which show that he was awarded the Combat Infantryman Badge.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for the Combat Infantryman Badge.

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 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.  There is no evidence which shows that the applicant was awarded the Combat Infantryman Badge.

2.  There is no evidence that the applicant served in an infantry MOS or in an infantry unit of regimental or smaller size during his assignment in Vietnam; therefore, the applicant was not eligible for award of the Combat Infantryman Badge.

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____  JEA_____  LE______  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028000	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000202	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19720511	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	OVERSEAS RETURNEE	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR SCHNEIDER 	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.