MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            7 August 2001
	DOCKET NUMBER:   AR2001056155

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Regan K. Smith		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) and that his records be corrected accordingly.

APPLICANT STATES:  That he should be awarded the CIB because he served with the 1st Logistics Command in the Republic of Vietnam from May 1969 to 29 September 1969.  He further states that his job involved guard duty and combat situations in which he took fire from the enemy.

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

He enlisted in the Florida Army National Guard (FLARNG) on 23 November 1965 and after completing his training was returned to his National Guard for duty as a scout observer.  He was subsequently assigned duties and awarded military occupational specialties (MOS) as a ward specialist and as a carpenter.

On 13 May 1968 he was involuntarily ordered to active duty and was assigned to Fort Benning, Georgia for duty as a personnel specialist.  He remained at Fort Benning until he was transferred to Vietnam on 23 May 1969.  Upon arrival in Vietnam he was assigned to the United Stated Army Depot – Cam Ranh Bay for duty as a machine operator.

On 30 June 1969 he submitted a request for early separation to attend school.  His request was approved and he was returned to Fort Lewis, Washington for separation on 29 August 1969.  He was honorably released from active duty (REFRAD) and reverted back to the FLARNG.  He had served 2 years, 5 months and 20 days of total active service and had spent 3 months in Vietnam.  He was awarded the Vietnam Service Medal for his service in Vietnam and was REFRAD with the MOS of a general clerk.  He was subsequently discharged from the FLARNG and was transferred to the USAR Control Group (Standby), where he remained until he was honorably discharged on 22 November 1971.

Army Regulation 600-8-22 establishes 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 this requirement.

2.  The applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that during his assignment he performed the duties of an infantryman while assigned to an infantry unit or that he engaged in ground combat against the enemy,. Therefore, in the absence of evidence to the contrary, it must be presumed that 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

____tbr__  __mkp___  ___rks __  DENY APPLICATION

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

INDEX

CASE ID	AR2001056155	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/07	
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.