MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 January 1999                  
	DOCKET NUMBER:   AC98-12315
				   AR1998012520

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor,Jr.		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Kathleen A. Newman		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:  In effect, that his records be corrected to show that he was awarded the Combat Infantryman Badge (CIB). 

APPLICANT STATES:  In effect, that he was ordered to active duty for approximate 139 days to participate in “Operation Just Cause” and “Promote Liberty” in the Republic of Panama.  He also states that he served as a member of the Joint Task Force South and was assigned as the First Sergeant for the Special Operations Command, South (“SOCSOUTH”).  He further states that his name was submitted for the award of the CIB, however, he never received the award.  In support of his application he submits a copy of orders ordering him to active duty and a certificate showing his participation in “Operation Just Cause”.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted in the USAR on 14 January 1975 as a light weapons infantryman.  He continued to serve through a series of continuous reenlistments and is presently still serving in the USAR.

The applicant was awarded the Primary Military Occupational Specialty (PMOS) of 18B (Special Forces Weapons Sergeant) on 11 January 1989.

The applicant was ordered to active duty 11 January 1990 with a reporting date of 15 January 1990 for approximately 139 days to support the SOUTHCOM Mission in Fort Clayton, Panama.  

There is no indication in the applicant’s personnel records which shows he was awarded the Combat Infantryman Badge. 

Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, 
regimental, or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Eligibility for special forces personnel (less the special forces 

medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

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.  There is no evidence of record that shows he was awarded or recommended for the Combat Infantryman Badge.  There also is no evidence which shows that he was personally present and under hostile fire or was assigned to a unit actively engaged in ground combat with the enemy.  Therefore, he is not entitled to award of the Combat Infantryman Badge.

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 would satisfy the aforementioned 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____  SLP_____  KAN____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12315/AR1998012520	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990114	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	107.00	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.