MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           12 April 2000                  
	DOCKET NUMBER:   AR2000051469

	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:

	Mr. Roger W. Able		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Richard T. Dunbar		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 award the Combat Infantryman Badge (CIB).

APPLICANT STATES: That he was involved in combat in Vietnam.  He believes this makes him eligible for the CIB.  He says that he received the CIB in Vietnam but not the paperwork.

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

He was inducted into the Army on 16 January 1970 and completed training as a CO2 and H2 production specialist.  He achieved the rank of specialist, served in Vietnam from 18 December 1970 to 22 December 1971 and was honorably discharged on 6 January 1972.

His DA Form 20 (Enlisted Qualification Record) reflects that he was assigned to an infantry unit from June 1971 to approximately December 1971.  His duty MOS was 11B and his principal duty was security guard.  The CIB is not listed in the block provided for the listing of awards and decorations.

His DD Form 214 (Separation Document) does not show the CIB as an authorized award.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.  During the Vietnam conflict, award of the CIB was announced by the authorized approval authority in special or unit orders. 

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 of record that shows the applicant was awarded the CIB.

2.  There is no evidence available to the Board, which shows that while serving as a security guard with an infantry unit he was engaged in active ground combat or that he actively participated in such combat.  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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___rwa __  ____dph    ___rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2000051469	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010412	
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.		
2.		
3.		
4.		
5.		
6.