MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 December 1998
	DOCKET NUMBER:   AC98-11712

	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	
	Mr.	Jessie B. Strickland		Analyst	

	The following members, a quorum, were present:

	Mr.	Raymond V. O’Connor, Jr.		Chairperson	
	Mr.	George D. Paxson		Member	
	Mr.	John H. Kern		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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:  That he be awarded a Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he was initially assigned as a light weapons infantryman to an infantry unit in Vietnam for 4 to 5 months and prior to being transferred to Long Binh, Vietnam, he was exposed to much enemy ground fire.  He further states that a review of his official records will support his claim of eligibility for award of the CIB.

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

The applicant enlisted on 5 September 1969 for a period of 3 years.  He successfully completed his training and was transferred to Vietnam on 15 March 1970 for duty as a light weapons infantryman.

On 24 March 1970 he was assigned to Company A, 1st Battalion, 27th infantry Brigade, 25th Infantry Division, where he remained until he reenlisted on 22 May 1970 for a period of 3 years and training as a supply clerk.

On 28 May 1970 he was transferred to a depot in Long Binh, Vietnam, where he remained until he was returned to Fort Dix, New Jersey for discharge from the service under the provisions of Army Regulation 635-212, for unsuitability on 5 January 1971.  He had served 1 year, 4 months, and 1 day of total active service and was issued a General Discharge Certificate.  He was awarded the Vietnam Service Medal for his service in Vietnam.  There is no indication in the available records to show that he was awarded or qualified for award of the CIB during the 2 months he was assigned as a light weapons infantryman.

Army Regulation 600-8-22 serves as the authority for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient. 

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

2.  The applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that he was ever recommended for or performed the duties of an infantryman necessary to qualify for award of the CIB.  Therefore, in the absence of evidence to the contrary and considering the passage of time, it must be presumed that the action’s taken by the Department at the time were appropriate.

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

___rvo __  __gp____  ___jhk___  DENY APPLICATION

						Loren G. Harrell
						Director