MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 
	BOARD DATE:            7 October 1998                                    
	DOCKET NUMBER:   AC98-10618

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. James E. Vick		Member	
	Mr. Luther L. Santiful		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 added to his DD Form 214.

APPLICANT STATES:  He earned the CIB and he was told at his separation that it would be added and the paperwork sent to him later.

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

After having prior service, he reenlisted in the Regular Army on 28 December 1989 and was assigned to the 197th Infantry Brigade and later Headquarters and Headquarters Company (HHC), 3d Brigade, 24th Infantry Division, Fort Benning, GA as an 11B, Infantryman.

He served in Southwest Asia with HHC, 3d Brigade, 24th Infantry Division from     1 September 1990 - 28 March 1991 as an 11B, Infantryman.  His end-of-enlistment recommendation for award of the Army Commendation Medal notes “During Operation Desert Shield/Storm he was responsible for assisting the S3 NCO in setting-up and operating the tactical operation center (TOC).”

He was honorably separated from the Army on 7 May 1992.

Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge may be awarded for service during the Persian Gulf War from 17 January 1991 - 11 April 1991.  The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.  In another section it reiterates:  The recipient must be personally present and under hostile fire while serving in an assigned infantry 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.  During the Persian Gulf War, the applicant was an infantryman, assigned to an infantry unit and the records show that he was serving in an infantryman duty position.

2.  However, the regulation is very specific in stating that an individual must have been personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.
3.  The evidence of record shows that during the Persian Gulf War the applicant was responsible for assisting the S3 non-commissioned officer in setting-up and operating the TOC.  There is no evidence to show that he was at any time actively engaged in ground combat with the enemy.

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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director