MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 October 2000                 
	DOCKET NUMBER:   AR2000045396

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest W. Lutz		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Tracey L. Pinson		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 Korea on the demilitarized zone (DMZ) from 1968 until August 1969, but he was never awarded the Combat Infantryman Badge.  He also states that he served in a hostile fire area for more than 60 days and was authorized hostile fire pay while on the DMZ.  In support of his application, he submits a copy of his Chronological Record of Medical Care.

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

The applicant’s military records show that he was inducted on 2 January 1968 and completed infantry training.  He served in Korea from 13 June 1968 through 4 August 1969 and was honorably released from active duty on 11 August 1969.

The applicant’s DD Form 214 (Report of Transfer or Discharge), which is authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.  Also, there are no orders in the applicant’s service personnel records which show he was awarded the Combat Infantryman Badge.

The applicant’s service personnel records show that he served in military occupational specialty (MOS) 11B as a rifleman with Company B, 1st Battalion, 31st Infantry, 7th Infantry Division in Korea. 

Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  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.  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, it is concluded:

1.  Evidence of record shows that the applicant served as a rifleman with an infantry unit in Korea during a period of eligibility for award of the Combat Infantryman Badge.
2.  There is no evidence the applicant was personally under hostile fire.

3.  The Board also noted the applicant’s contention that he received hostile fire pay; however, receipt of hostile fire pay does not qualify a soldier for award of the Combat Infantryman Badge.

4.  Based on the foregoing, the applicant is not entitled to the Combat Infantryman Badge.

5.  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.

6.  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

EWL____  CJP_____  TLP_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000045396	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001019	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.