MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 July 2002                   
	DOCKET NUMBER:   AR2002070375

	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. Karol A. Kennedy		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Raymond J. Wagner		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:  Correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 8 July 1968 to show military occupational specialty (MOS) 11B (light weapons infantryman).  He also requests award of the Combat Infantryman Badge.APPLICANT STATES:  In effect, that he completed advanced individual training (AIT) in MOS 11B (light weapons infantryman) and subsequently served with an infantry unit.  He contends that he was selected to attend officer candidate school and that he graduated in the artillery branch.  He states that he was assigned to an artillery battalion in Vietnam, then to an infantry company and that he served as a forward observer for approximately eight months.  He contends that even though he was assigned as a forward observer he still performed the duties of an infantryman.  He also contends that even though his primary MOS was that of an artillery unit commander, he was trained and experienced as an infantryman.  He goes on to state that based on his training, assignment, service and Army Regulation 600-8-22, Section II, 8-6c(3), he believes that he is entitled to the Combat Infantryman Badge.EVIDENCE OF RECORD:  The applicant's military records show:The applicant enlisted on 27 March 1967 for a period of 3 years.  He trained as an light weapons infantryman and field artillery operator and intelligence assistant.  On 8 July 1968, the applicant was honorably discharged to accept a commission as an officer in the Army.  He was commissioned a second lieutenant and entered active duty on 9 July 1968.  He served as a forward observer in MOS 1193 (field artillery unit commander) in Vietnam from 24 August 1969 through 24 March 1970.  He served as an assistant platoon leader/commander in MOS 1198 (field illumination unit commander) in Vietnam from 27 March 1970 through 26 June 1970 and was released from active duty on 
4 July 1970.    Item 23a (Specialty Number & Title) on the applicant’s DD Form 214 with an effective date of 8 July 1968 shows the entry, “13E20 FA [Field Artillery] Oper&IntelAsst [Operator & Intelligence Assistant].” The applicant’s DD Form 214 with an effective date of 4 July 1970 does not show the Combat Infantryman Badge as an authorized award.The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was awarded primary MOS 11B (light weapons infantryman) effective 11 August 1967.  His DA Form 20 also shows that he was awarded primary MOS 13E (field artillery operator and intelligence assistant) effective 5 June 1968. There are no orders for the Combat Infantryman Badge in the available records.
The applicant’s DA Form 66 (Officer Qualification Record) shows that he served in MOS 1193 (field artillery unit commander) and MOS 1198 (field illumination unit commander) assigned to artillery battalions during his assignment in Vietnam.
Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  This regulation provides, in pertinent part, that the primary MOS code number, title, and date of award will be entered in item 23a (Specialty Number & Title).   Army Regulation 600-8-22 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.  

Section II, paragraph 8-6c(3) of Army Regulation 600-8-22 also governs eligibility for award of the Combat Infantryman Badge and states, in pertinent part, that “Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances.”  
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’s primary MOS was 13E (field operator and intelligence assistant) at the time of his separation on 8 July 1968.

2.  Item 23a (Specialty Number & Title) on the applicant’s DD Form 214 with an effective date of 8 July 1968 shows his MOS as 13E (field operator and intelligence assistant).  

3.  The Board considered the applicant’s request that MOS 11B (light weapons infantryman) be shown on his DD Form 214 with an effective date of 8 July 1968. However, in accordance with the governing regulation, the primary MOS will be entered in item 23a (Specialty Number & Title) on the DD Form 214.  Therefore, there is no basis for granting the applicant’s request.

4.  The applicant’s contention that he completed AIT in MOS 11B (light weapons infantryman) is supported by the evidence of record; however, he did not serve in this MOS in combat in Vietnam.  

5.  The applicant’s contention that based on his training, assignment, service and Section II, paragraph 8-6c(3) of Army Regulation 600-8-22 (Military Awards) he is entitled to the Combat Infantryman Badge, is not supported by the evidence of record.

6.  Evidence of record shows the applicant served in an artillery MOS during his assignment in Vietnam.  

7.  Section II, paragraph 8-6c(3) of Army Regulation 600-8-22 states, in pertinent part, that “Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances.”  

8.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he served as an infantry officer in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size in Vietnam.  Therefore, the Board determined that there was insufficient evidence on which to base award of the Combat Infantryman Badge in this case.  

9.  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.

10.  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

KAK____  AAO____  RJW_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002070375	
SUFFIX		
RECON		
DATE BOARDED	20020702	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0500	
2.	107.0111	
3.		
4.		
5.		
6.