MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          28 March 2002       
	DOCKET NUMBER:  AR2001064708

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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 earlier appeal to correct his military records by awarding him the Combat Infantryman Badge.

APPLICANT STATES:  In effect, that he is entitled to award of the Combat Infantryman Badge because he held an infantry military occupational specialty (MOS) while in Vietnam.  In support of his claim, he points out that he was awarded the Purple Heart for wounds received as a result of hostile action and that he received the Army Commendation Medal with “V” Device for heroism in combat.  In support of his request, he submits a letter of support, dated 
11 October 2001, from a Veteran’s Advocate; and a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 15 March 1967. 
 
NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case (AR2000044123) on 
17 October 2000.

The applicant submits a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 15 March 1967, which shows his MOS as “11B1P” [infantryman] when he was hit by enemy small arms fire while on ambush patrol on 6 February 1967 in Vietnam.

The Board noted that the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was assigned to Headquarters and Headquarters Company, 
2d Battalion (Airborne), 503rd Infantry in MOS 36K (wireman) during his assignment in Vietnam.

The applicant’s submission is new evidence that requires Board consideration.

Army Regulation 600-8-22 (Military Awards) 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 15-185 sets forth the policy and procedures for the ABCMR.  It provides that, if a request for reconsideration is received within one year of the 

prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration.  This includes but is not limited to any facts or arguments as to why relief should be granted.  The staff of the Board is authorized to determine whether or not such evidence has been submitted.

The regulation provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case.  In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision.  If the staff finds such evidence, the case will be resubmitted to the Board.  If no such evidence is found, the application will be returned without action.

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 considered the applicant’s contention that he is entitled to award of the Combat Infantryman Badge because he held an infantry MOS while in Vietnam.  

2.  The Board also considered the medical record provided by the applicant in support of his claim.  

3.  The Board determined that this medical record is not sufficient as proof the applicant held an infantry MOS or served in an infantry duty position, particularly in view of the entries on his DA Form 20 (Enlisted Qualification Record) which show that he did not have an infantry MOS and was not serving in an infantry duty position.

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

FNE____  LE______  TL______  DENY APPLICATION

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

INDEX

CASE ID	AR2001064708	
SUFFIX		
RECON	Yes	
DATE BOARDED	20020328	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.