MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            10 April 2001
	DOCKET NUMBER:   AR2000050338

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. George D. Paxson		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 he be awarded the Combat Infantryman Badge (CIB).

APPLICANT STATES:  In effect, that he is entitled to the CIB.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

He was inducted in the Army on 14 November 1942.  He successfully completed his training as a topographic surveyor.

His awards include the Philippines Liberation Ribbon w/one bronze star, Asiatic Pacific Campaign Medal w/one bronze star, European African Middle Eastern Campaign Medal w/two bronze stars.

A review of the applicant’s Enlisted Record and Report of Separation (DD Form 214) WD AGO Form 53-55 fails to show that he ever performed duties in an infantryman military occupational specialty.

Army Regulation (AR) 600-8-22 provides that to be eligible for the Combat Infantryman Badge, a soldier must be an Army infantry or special forces officer in the grade of colonel or below, or an Army enlisted soldier or warrant officer with an infantry or special forces military occupational specialty (MOS), who subsequent to 6 December 1941 has satisfactorily performed duty while assigned or attached as a member of a infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

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.  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.

2.  The Board has noted the applicant’s contentions.  However, his WD AGO Form 53-55 clearly shows that he performed duties in a topographic surveyor MOS.  There is no evidence in the available record nor has the applicant submitted any evidence that shows that he ever served in an infantryman MOS while he was in the Army.

3.  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

__ja ____  __sw____  ____gp__  DENY APPLICATION

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

INDEX

CASE ID	AR2000050338	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/04/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000.0000	
2.  157	107.0111.0000	
3.		
4.		
5.		
6.