MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           23 December 1998
	DOCKET NUMBER:   AC98-12308
                                              AR1998013044

	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	
	Ms. Karol A. Kennedy		Member	
	Mr. Lester Echols		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:  That he be awarded the Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he served in Vietnam with the 25th Infantry Division and was informed that because of a disability claim he needed to show that he was awarded the CIB.

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

The applicant enlisted on 5 July 1967 for a period of 3 years and training as a general vehicle repairman.  He successfully completed his training and was eventually transferred to Vietnam on 21 February 1968.  He served as a track vehicle mechanic with the 25th Infantry Division until he departed Vietnam on 22 March 1970 for separation as an early overseas returnee who was not eligible for reassignment. 

He was honorably released from active duty in the pay grade of E-5 on 23 March 1970 and was transferred to the USAR Control Group (Reinforcement).  He had served 2 years, 8 months, and 19 days of total active service.

Army Regulation 672-5-1, in effect at the time, established the criteria 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 during his brief assignment he performed the duties of an infantryman while engaged in ground combat against the enemy. Therefore, in accordance with the applicable regulations governing award of the CIB, he is not entitled to be awarded that badge. 

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

___ro ___  ___le ___  ___kak  __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12308/AR1998013044	
SUFFIX		
RECON		
DATE BOARDED	1998/12/23	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.