MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     .

	BOARD DATE:           21 October 1999                 
	DOCKET NUMBER:   AR1999015536

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Carol Jo Suiter		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 a combat infantryman but his DD Form 214 does not reflect it.  He contends that his service records should show that he is qualified for a CIB.

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

He was inducted on 4 May 1970 and received training as a light weapons infantryman (MOS 11B)  He served approximately 5 months in Vietnam principally with the 5th Infantry Division.  He was discharged on 29 March 1971 pursuant to Army Regulation 635-200, Chapter 10, with an Undesirable Discharge Certificate.  On 18 July 1977 his discharge was upgraded to under honorable conditions under the DOD Discharge Review Program (Special).

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

The applicant’s Enlisted Qualification Record shows that he was assigned to Company C, 1st Battalion, 61st Infantry, 5th Infantry Division as an 11B infantryman but does not indicate that he ever accompanied the unit into combat. His conduct and efficiency ratings during his assignment to the unit are both shown as unsatisfactory.

During testimony before the Army Discharge Review Board, when seeking an upgrade to his discharge, the applicant described an event while he was in Vietnam in which he declined to go to the field with his unit because he was ill, possibly from using heroine.  He described that he would rather go to jail then to the field.  When he later changed his mind and offered to go to the field, it was too late and he was placed in confinement.  

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.  The applicant has provided no evidence and his records contain no evidence to show that he participated in combat operations while an infantryman in Vietnam.  In fact, based on his statement to the ADRB, it appears that he was unwilling to participate in combat under any circumstances.  Absent information showing that he engaged in ground combat, there is no basis to grant him the CIB.

2.  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 satisfies this requirement.

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

__rvo ___  __rjw  ___  __cjs____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015536	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991021	
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.  107.00		
2.		
3.		
4.		
5.		
6.