MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 May 2000                  
	DOCKET NUMBER:  AR1999031566

	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, Army Review Boards Agency	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Stanley Kelly		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:  Reconsideration of his previous application to correct his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and that his unit assignment was Company A, 4th Battalion, 31st Infantry, 196th Infantry Brigade, not Headquarters and Headquarters Company, 4th Battalion, 31st Infantry, 196th Infantry Brigade.

APPLICANT STATES:  In effect, that for the last portion of his tour in Vietnam he was in the “bush” as a radio telephone operator in combat assigned to Company A, 4th Battalion, 31st Infantry, 196th Infantry Brigade.  In support of his application, he submits a letter of explanation dated 10 September 1999, a copy of his DD Form 214, VA documentation dated 18 December 1998, a VA Rating Decision dated 9 December 1998, photographs of the front and back of an envelope, a letter from the applicant in Vietnam to his parents dated 25 August 1970, photographs depicting scenes of Vietnam, a letter from the applicant’s mother dated 12 September 1999 and a letter from the applicant’s ex-wife dated 
12 September 1999.   

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in memoranda prepared to reflect the Board's original consideration of his case on 28 July 1999 and the reconsideration on 7 October 1999 (COPIES ATTACHED).

A review of the previous Board considerations did not indicate the specific nature of the evidence submitted by the applicant.  Therefore, this case is being considered “De Novo”. 

The applicant enlisted on 14 February 1968 for a period of 3 years.  He served as a field wireman in Vietnam from 2 July 1969 through 16 September 1970 and was honorably discharged on 16 September 1970.

The applicant’s DD Form 214, which was authenticated in his hand, does not show the Combat Infantryman Badge as an authorized award.  Item 12 (Last Duty Assignment and Major Command) of the DD Form 214 shows “HHC 4th Bn 31st Inf 196th Inf Bde” [Headquarters and Headquarters Company, 4th Battalion, 31st Infantry, 196th Infantry Brigade]. 

The applicant provided a photograph of an envelope with a return address which shows Company A, 4th Battalion, 31st Infantry, 196th Infantry Brigade.  He also provided a letter he wrote to his parents from Vietnam, dated 25 August 1970, wherein he states that he was “in the field” and “since I’ve been with the company”.   

The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was assigned to Headquarters and Headquarters Company, 196th Infantry Brigade from 12 July 1969 through 14 April 1970 and Headquarters and Headquarters Company, 4th Battalion, 31st Infantry, 196th Infantry Brigade from 15 April 1970 through 12 September 1970 in military occupational specialty (MOS) 36K (field wireman) during his assignment in Vietnam.  

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.  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.

Army Regulation 635-5 (Personnel Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the last unit of assignment (major command) will be entered in item 12.

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.  The Board noted the applicant’s contention that he should be awarded the Combat Infantryman Badge because he was in the “bush” as a radio telephone operator in combat in Vietnam.  However, evidence of record shows that he served in MOS (field wireman) during his assignment in Vietnam.

2.  There is no evidence 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, he is not entitled to award of the Combat Infantryman Badge.

3.  Although the applicant contends that his last duty assignment was Company A, 4th Battalion, 31st Infantry, 196th Infantry Brigade, evidence of record shows the applicant’s last duty assignment and major command was Headquarters and Headquarters Company, 4th Battalion, 31st Infantry, 196th Infantry Brigade.  Therefore, item 12 (Last Duty Assignment and Major Command) of the applicant’s DD Form 214 is correct as currently constituted.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

5.  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

JEV____  SK______  JPI_____  DENY APPLICATION

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

INDEX

CASE ID	AR1999031566	
SUFFIX		
RECON	19991007 and 19990728	
DATE BOARDED	20000531	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700916	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	100.0000	
3.		
4.		
5.		
6.