MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 August 2000                  
	DOCKET NUMBER:   AR2000037490

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler 		Chairperson	
	Ms. Barbara J. Ellis 		Member	
	Mr. Joe R. Schroeder 		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:  Reconsideration of his request for award of the Combat Infantryman Badge.

The applicant also requested that his award of the Bronze Star Medal with “V” Device be upgraded to the Silver Star.  This issue will be addressed in separate correspondence to the applicant.  Therefore, this portion of his request will not be discussed further in this Memorandum of Consideration. 
 
APPLICANT STATES:  In effect, that since he was serving with an infantry division in an infantry military occupational specialty (MOS) and earned the Expert Infantryman Badge, he should be awarded the Combat Infantryman Badge too.  In support of his application, he submits documentation in support of his request for upgrade of the Bronze Star Medal with “V” Device to the Silver Star.

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

The applicant previously requested award of the Combat Infantryman Badge which was denied by the Board on 26 November 1986 due to failure to file within the time prescribed by law.  Based on the additional issues presented by the applicant in this case, this application is being considered “De Novo”.

The applicant enlisted on 1 July 1963 for a period of 3 years.  He served as an armor intelligence specialist in Vietnam from 26 February 1969 through 6 July 1969 and was honorably discharged on 22 May 1970 by reason of permanent disability.

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award. 

There are no orders for award of the Combat Infantryman Badge in the applicant’s military records.  Item 23a (Specialty Number & Title) on his DD Form 214 with an effective date of 22 May 1970 shows “11D40 Armor Intel [Intelligence] Specialist”. 

A DD Form 1577 (Authorization for Issuance of Awards), dated 18 June 1984, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the Expert Infantryman Badge. 

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.

Army Regulation 600-8-22 prescribes Army policy and procedures for awards, and Paragraph 8-8 provides for award of the Expert Infantryman Badge.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a soldier must be in an active Army status and must have an infantry or special forces specialty.

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.  The Board noted the applicant’s contention that since he was serving with an infantry division in an infantry military occupational specialty (MOS) and earned the Expert Infantryman Badge, he should be awarded the Combat Infantryman Badge too.  However, evidence of record shows the applicant served in MOS 11D (armor intelligence specialist), not an infantry MOS, during his assignment in Vietnam.  The Board also noted that award of the Expert Infantryman Badge does not automatically qualify for award of the Combat Infantryman Badge. 

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he met the qualifications for award of the Combat Infantryman Badge.  Therefore, he is not entitled to correction of his military records to show 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 this 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

SAC____  BJE____  JRS_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000037490	
SUFFIX		
RECON	19861126	
DATE BOARDED	20000831	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700522	
DISCHARGE AUTHORITY	Title 10 USC Section 1201	
DISCHARGE REASON	Retirement – Permanent Disability	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.