MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 April 2001     
	DOCKET NUMBER:   AR2001053036

	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:

	Ms. Sherri V. Ward		Chairperson	
	Mr. George d. Paxson		Member	
	Mr. James E. Anderholm		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 is entitled to the Combat Infantryman Badge based on his combat status and the combat situations during his tour of duty in Vietnam.  In support of his application, he submits a DD Form 214 (Report of Transfer or Discharge); an unidentified Operational Report for the period ending 31 July 1970; numerous DA Forms 1594 (Daily Staff Journal or Duty Officer’s Log) for the 704th Maintenance Battalion during the period April, May and August 1970; and an Operational Report for Company D, 704th Maintenance Battalion of the 4th Infantry Division for the quarter ending 31 July 1970.

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

The applicant was inducted on 2 April 1969.  He served as a general vehicle repairman in Vietnam from 19 November 1969 through 4 November 1970 and was honorably released on 4 November 1970. 

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.

There are no orders for the Combat Infantryman Badge contained in the applicant’s records.  

The applicant’s military records show that he was assigned to Company D, 
704th Maintenance Battalion of the 4th Infantry Division in military occupational specialty (MOS) 63C (general vehicle repairman) during his assignment in Vietnam. 

The operational reports and journal/log entries provided by the applicant describe combat situations in Vietnam.  However, there is no evidence that the applicant met the qualifications for award of the Combat 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.

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.  Although the applicant contends that he is entitled to the Combat Infantryman Badge, evidence of record shows he served in MOS 63C (general vehicle repairman) during his assignment in Vietnam.

2.  There is no evidence of record that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam.  Therefore, the applicant is not entitled to 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

SVW___  GDP____  JEA_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001053036	
SUFFIX		
RECON		
DATE BOARDED	20010410	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19701104	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.