MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           22 March 2001                 
	DOCKET NUMBER:   AR2000049699

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Regan k. Smith		Member	
	Mr. John P. Infante		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 (Separation Document) be corrected to show that he was awarded the Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he served in a combat unit, possessed a combat military occupational specialty (MOS) and was involved in the exchange of gunfire with the enemy.  He believes this makes him eligible for the CIB.

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

He was inducted into the Army on 25 August 1965, trained as an 11D (Armor Intelligence Specialist) and achieved the rank of specialist.  He served in Vietnam as a scout driver from approximately 21 July 1966 to 23 January 1967 and was honorably discharged on 8 July 1967.

The applicant’s DD Form 214 does not show the CIB as an authorized award.

AR 600-8-22 (Military Awards) provides, in pertinent part that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, be assigned to an infantry unit during such time as the unit is engaged in active ground combat and actively participate in such ground combat.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:

1.  There is no evidence that the applicant was awarded the CIB. 

2.  There is no evidence of record available to the Board, which shows that the applicant served in an infantry position during his Vietnam assignment.  MOS 11D is a combat MOS but in the armor field not the infantry.  Therefore, he is not eligible for award of the CIB. 

3.  In order to justify correction of a military record the applicant must shows 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:

___slp___  ___rks __  ___jpi___  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000049699	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010322	
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.	107.00	
2.		
3.		
4.		
5.		
6.