MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            13 July 2000                  
	DOCKET NUMBER:    AR1999032552

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 the Combat Infantryman Badge (CIB) be awarded to him for actions as an infantry division 106 mm Recoiless Rifle operator.

APPLICANT STATES:  That he believes his actions earned him the CIB.

EVIDENCE OF RECORD:  The applicant's military records show:
He enlisted in the Regular Army for 3 years on 14 November 1967, was awarded the military occupational specialty (MOS) of infantry direct fire crewman – 11H and served in Vietnam from April to May 1968 (his DD Form 214 appears to be in error in that it indicates his Vietnam service was from 27 April 1967 to 2 June 1968).  His Enlisted Qualification Record shows that he served as an infantry indirect fire crewman – MOS 11C with Company E, 2nd Battalion, 4th Infantry Division from 10 May 1968 to 16 May 1968 at which time he was medically evacuated to Japan.  The record does not reflect the specific reason for his evacuation.  He was honorably separated with 10 percent physical disability with severance pay on 16 March 1970.

His awards include the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal with 60 device.

Block 40 (wounds) of his qualification record contains no entry that he received any combat related wounds.

On 22 January 1970 a Physical Evaluation Board recommended that he be discharged for foot injuries manifested by severe foot pain, with markedly inverted left foot and moderate discomfort on prolonged standing or walking.  The applicant’s injuries were not incident to combat.

Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that to be eligible for the Combat Infantryman Badge, an individual must be an infantryman with an infantry military occupational specialty and must perform primary 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 applicant served with a combat unit in Vietnam, he has provided no evidence and the available records contain no evidence to show that he was recommended for or awarded the CIB; nor, is there any evidence that his unit was engaged in combat with the enemy during his relatively short tenure with them.

2.  In the absence of evidence that he was directly engaged with the enemy during his assignment to a combat unit, he does not meet the criteria for award of the CIB. 

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

_jlp   ____  ___mhm_  __jea ___  DENY APPLICATION

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

INDEX

CASE ID	AR1999032552	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000713	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.