MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 May 2000
	DOCKET NUMBER:   AR1999031981

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 was in combat and should receive a Combat Infantryman Badge.  He states that he served in military occupational specialty (MOS) 11D as a specialist four/E-4.  In support of his application, the applicant submitted five photographs.

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

The applicant entered active duty on 19 June 1970.  He served in Vietnam from 2 December 1970 to 13 October 1971.  The applicant was released from active duty on 28 January 1972 and transferred to an Army Reserve unit.

In the limited records available to the Board, there are no orders awarding the applicant the Combat Infantryman Badge.  There also is no indication in his service personnel records that he was awarded an infantry MOS or served in an infantry duty position.

The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) was authenticated with his own signature at the time of his separation from the Army.  This document shows in item 4 (Department, Component, Branch or Class) that his component was Regular Army and his branch was Quartermaster Corps.  Item 23b (Specialty Number & Title) of his discharge document shows that he was awarded MOS 76Y (unit supply specialist) effective 23 October 1970 which was prior to his service 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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The Board noted the applicant’s contention that he served in MOS 11D; however, this MOS is not among those which normally qualified for award of the Combat Infantryman Badge in Vietnam.

2.  There is no evidence which shows that he was awarded the Combat Infantryman Badge.  
3.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded an infantry MOS.  There is no evidence that he served in an infantry unit or infantry duty position in combat during his assignment in Vietnam.  Therefore, the applicant was not eligible for award of the Combat Infantryman Badge and is not entitled to correction of his records to show the Combat Infantryman Badge. 

4.  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 the aforementioned requirement.

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

________  ________  ________  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031981	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19720128	
DISCHARGE AUTHORITY	AR .635-200	
DISCHARGE REASON	EARLY RELEASE TO JOIN USAR UNIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUNG	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.