MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            15 February 2000
	DOCKET NUMBER:   AR1999032318

	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.

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		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 (CIB).

APPLICANT STATES:  That he served with the 2nd Battalion, 501st Infantry, 101st Airborne in Vietnam from 13 October 1970 to 5 August 1971 and that he was trained to be a radio teletype writer operator in military occupational specialty (MOS) O5C.  While serving with the 101st Airborne he was never a radio teletype operator (O5C) and the only time he was utilized as a radio operator was on Fire Support Base Los Banos in Vietnam.  The majority of the time he was utilized to man fox holes and defensive positions with the infantry.  In support of his application he submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), course completion certificate and several pictures.

EVIDENCE OF RECORD:  The applicant's military records show he entered active duty on 12 March 1970 as a radio teletype writer operator (05C).  He served in Vietnam from 13 October 1970 to 5 August 1971 and was honorably discharged on 1 November 1971.

His discharge document does not show the Combat Infantryman Badge as an authorized award.

There are no orders in the applicant’s personnel records, which show that he 
was awarded the Combat Infantryman Badge.  Records show he served as a senior radio teletype writer operator (05C) in an infantry unit in combat while serving 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, it is concluded:

1.  Evidence of record shows that he served as a senior radio teletype writer operator (05C) in an infantry unit in combat while serving in Vietnam.  Therefore, he is not entitled to correction of his records to show the Combat Infantryman Badge.

2.  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.

3.  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

FE_____  KAK_____  RA______  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032318	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000215	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19711101	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  157		
2.		
3.		
4.		
5.		
6.