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ARMY | BCMR | CY1995 | 9511095C070209
Original file (9511095C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  Through a national service organization, reconsideration of his request that his records be corrected to show his entitlement to award of the Combat Infantryman Badge (CIB).

APPLICANT STATES:  Applicant was silent on the issue.

COUNSEL CONTENDS: That the previous decision indicated a review of morning reports for a period for which the applicant was not in service.  Further, it is requested that all morning reports for the applicant’s entire period of service be reviewed.  It is now alleged that the applicant’s most significant duty assignment was with another unit.

EVIDENCE OF RECORD:  Incorporated herein by reference are military records which are summarized in proceedings presented before this Board on 29 May 1996 (COPY ATTACHED).

The proceedings, dated 29 May 1996, contained a typographical error in that an entry indicated the applicant’s unit morning reports for July, August, and September 1952 were reviewed.  The date 1952 should read 1950.

War Department Circular 269-1943 established the CIB to recognize and provide an incentive to infantrymen.  The CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units 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.  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.

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  The Board notes that the applicant’s MOS was Anti-aircraft Artillery Automatic Weapons Crewman, which is not infantry and does not qualify for award of the CIB.

4.  In view of the foregoing, there is no basis upon which to grant the applicant’s request.

DETERMINATION:  The original decision by this Board is reaffirmed.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director

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