MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            4 May 2000
	DOCKET NUMBER:   AR2000036329

	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. Luther L. Santiful		Chairperson	
	Mr. James P. Stueve		Member	
	Ms. Carol Jo Suiter		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 Combat Infantryman Badge.

APPLICANT STATES:  That he served “in the combat engineers and was in combat during two tours of duty in Vietnam.”

COUNSEL CONTENDS:  That, as counsel for the applicant, the American Legion supports his request and asks that the Board grant all possible relief in this case consistent with regulations and law.

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

The applicant entered active duty on 5 February 1968 and completed training as a supply specialist.  On 18 September 1969, the applicant was awarded the primary military occupational specialty (MOS) of 12B (combat engineer).  He served twice in Vietnam and was separated with a general discharge on 6 January 1971.

Records show the applicant served in Vietnam from 9 February 1969 to 8 February 1970 as a member of Company B of the 4th Engineer Battalion.  During his second tour of duty in Vietnam, he served as a member of Company C of the 14th Engineer Battalion from 25 July 1970 to 5 January 1971.  

Records also show that during both assignments in Vietnam his duty MOS was in an engineer specialty, either 12B (combat engineer) or 12A (pioneer).

There is no evidence in the applicant’s service personnel records that he was awarded the Combat Infantryman Badge or served in an infantry MOS or in an infantry duty position.

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, and advisory opinion(s), it is concluded:

1.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge.  

2.  The applicant was not awarded an infantry military occupational specialty and he did not serve in an infantry unit or infantry position in combat during either of his assignments in Vietnam.  Therefore, the applicant was not eligible for award of the Combat Infantryman Badge at the time of his service in Vietnam and there is no basis for award of the Combat Infantryman Badge to him now.  

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

________  ________  ________  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR2000036329	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000504	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19710106	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	UNSUITABILITY 	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.