MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 July 2000
	DOCKET NUMBER:   AR2000037424

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Kenneth L. Wright		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 was an infantryman assigned to an artillery battery in Vietnam that was involved in many active ground combat situations under the command of the 25th Infantry Division.  He goes on to state that his records as well as the documents he submits with his application will show that he was an infantryman serving in a unit in support of an infantry division and that he should have been awarded a CIB.

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

He enlisted in Boston, Massachusetts on 7 July 1965 for a period of 3 years and training as an infantryman.  He successfully completed his training and received orders assigning him to the 2nd Battalion, 32nd  Artillery in Vietnam. 

He arrived in Vietnam as an infantryman on 27 November 1965 and was immediately assigned to C Battery, 2nd Battalion, 32nd Artillery for on-the-job training (OJT) as a cannon crewman in military occupational specialty (MOS) 13A10.  He remained in that unit, in that MOS, until he departed Vietnam on 27 November 1966 and was transferred to Fort Benning, Georgia for duty as a mail clerk.

He remained at Fort Benning until he was transferred to Korea as a postal clerk on 1 October 1967.  He was reclassified to a postal clerk and remained in Korea until he was returned to Fort Lewis, Washington for his honorable release from active duty (REFRAD) on 1 July 1968.  He was transferred to the USAR Control Group (Reinforcement) and had served 2 years, 11 months, and 24 days of total active service.  

A review of the applicant’s records failed to show any periods while on active duty or in Vietnam in which the applicant actually served or performed the duties as an infantryman.

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 he was ever assigned to an infantry unit of brigade size or smaller, that he was assigned in an infantry MOS at the time in question or that 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

__klw ___  ___sac __  ___amc _  DENY APPLICATION

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

INDEX

CASE ID	AR2000037424	
SUFFIX		
RECON		
DATE BOARDED	2000/07/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111/CIB	
2.		
3.		
4.		
5.		
6.