MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 October 1998                                    
	DOCKET NUMBER:   AC98-10583

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. James E. Vick		Member	
	Mr. Luther L. Santiful		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:  He was in combat while in Vietnam.

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

He was inducted into the Army on 4 February 1971.  He arrived in Vietnam on  30 January 1972 and was assigned to three different units – Headquarters and Headquarters Company (HHC), 3d Brigade, 1st Cavalry Division, Medical Company, 3d Brigade, 1st Cavalry Division and HHC, 1st Battalion, 7th Cavalry, 1st Cavalry Division – as an 11F40 (Infantry Operations and Intelligence Specialist), although his specific principal duty is left blank for all three units.  He departed Vietnam on 10 August 1972 and was honorably separated on 2 February 1973.

He received a Bronze Star Medal for meritorious achievement in ground operations against hostile forces.

Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge may be awarded to a soldier who is an infantryman satisfactorily performing infantry duties, is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and who actively participates in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.  In another section it reiterates:  The recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  U. S. Army Vietnam regulations went so far as to require documentation of the type and intensity of enemy fire encountered by the soldier.

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 evidence of record shows the applicant was an infantryman, assigned to an infantry unit and that he was serving in an infantryman duty position.

2.  However, the regulation is very specific in stating that an individual must have been personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.  His Bronze Star Medal certificate only states he was in ground operations against hostile forces.  “Ground operations,” as opposed to “ground combat operations,” covers staff operations as well.  His records do not specify his particular principal duty; however, his duty military occupational specialty of 11F40 and his assignment to headquarters or medical companies imply work at the operations or intelligence staff levels        (S 2/3) instead of field level, combat duties.  The time frame of his assignment to Vietnam, the last year any ground forces were stationed there and when all American combat operations were rapidly winding down, also tends to imply his duties were at the staff level.

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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director