MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            12 April 2000                  
	DOCKET NUMBER:    AR1999034857

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Stueve		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 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he received a CIB and was told it would appear on orders, but it does not appear on his DD Form 214.  He believes that this is an error because he was an infantryman.  He contends that he served honorably for two tours in Vietnam and understands that award of the CIB is automatic.

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

The applicant was inducted in the Army on 15 May 1953 and completed training as a light weapons infantryman (Specialty Number 1745).  He served in Germany and completed two tours in Vietnam.  He later served in Korea and remained on active duty through a series of continuous reenlistments until he was retired in the pay grade of E-7 on 31 August 1980.

The applicant’s DD Form 214, which is authenticated in his own hand, does not show the CIB as an authorized award.

There are no orders in the applicant’s personnel records which show he was awarded the CIB.  The applicant’s service personnel records show he held an infantry military occupational specialty (MOS) 11B.  However, his DA Form 20 (Enlisted Qualification Record) shows he was assigned to a transportation company as a truckmaster (64C) during his first tour in Vietnam.  Evidence of record shows the applicant was assigned to the 25th Infantry Division as a sniper instructor during his second tour in Vietnam.  There is no evidence of record which shows he served in an infantry position in an infantry unit in combat.

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.

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.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge.  

2.  Evidence of record shows that the applicant was awarded an infantry MOS and was assigned to an infantry unit during his second tour in Vietnam; however, he did not serve in the infantry position during active ground combat.  Therefore, the applicant is not eligible for award of the Combat Infantryman Badge at the time of his service in Vietnam and there is no basis for 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 the aforementioned 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

RGH_____  BJE_____  JPS_____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999034857	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000412	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.