MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 February 2002
	DOCKET NUMBER:   AR2002067295

	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. John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John E. Denning		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:  In effect, that he was assigned to an infantry unit as a rifleman in Vietnam, participated in the TET Counteroffensive and should have been awarded the CIB.  In support of his application he submits a copy of a newspaper article relating that he suffers from Post-Traumatic Stress Disorder (PTSD) as a result of his Vietnam experiences and a copy of his Enlisted Qualification Record (DA Form 20).

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

He enlisted in Raleigh, North Carolina, on 8 June 1966 for a period of 3 years.  He completed his basic training at Fort Jackson, South Carolina, and was transferred to Fort Sill, Oklahoma, to undergo his advanced individual training (AIT) as a field artillery cannoneer.  He completed his AIT and was awarded the military occupational specialty (MOS) of 13A10.

Upon completion of AIT he was transferred to Germany, where he was assigned to a cavalry squadron troop as an automatic rifleman.  He was awarded the MOS of an infantryman (11B10) on 28 August 1967 and was advanced to the pay grade of E-4 on the same day. 

On 3 March 1968, he was transferred to Vietnam and was assigned to an infantry company on 15 March 1968, for duty as an automatic rifleman. 

On 22 June 1968, the applicant was convicted by a special court-martial of disobeying a lawful order from a commissioned officer to go on combat operations with his company.  He pleaded guilty and was sentenced to confinement at hard labor for 3 months, reduction to the pay grade of E-1 and a forfeiture of pay.

On 17 August 1968, the special court-martial convening authority suspended the unexecuted portion of the sentence pertaining to confinement at hard labor for a period of 1 month, unless sooner vacated.

The special court-martial convening authority vacated the suspension on 23 August 1968 and directed that he be confined in the stockade to serve the remainder of his sentence to confinement at hard labor.

On 29 August 1968, the convening authority again suspended his sentence to confinement for a period of 1 month.

On 1 October 1968, he was transferred to an artillery unit for duty as a cannoneer.  Although the record is silent as to the date of his actual departure from his unit in Vietnam, his records show that he was patient in the 106th General Hospital at the time he was transferred to Oakland Army Base, California, where he was honorably released from active duty on 28 March 1969. He had served 2 years, 8 months and 6 days of total active service and had 45 days of lost time due to confinement.  He was awarded the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.  The applicant’s medical records were not available for review by the Board to determine the basis for his hospitalization.

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.  While the evidence of record does show that for a period of his assignment to Vietnam, he was assigned to an infantry company as an infantryman, there is no evidence to show that he performed those duties to the extent that he qualified for award of the CIB.  

2.  There is however, evidence to show that he disobeyed a direct order to participate in combat operations, was convicted by a special court-martial and was subsequently transferred to a field artillery unit.  Therefore, in the absence of evidence to the contrary, it must be presumed that the actions taken by the Army at the time were appropriate.

3.  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.

4.  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

__be____  ___js ___  ___jed___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067295	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/14	
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.