MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 March 2000     
	DOCKET NUMBER:   AR1999029021

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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, award of the Combat Infantryman Badge and the Air Medal.

APPLICANT STATES:  The applicant submitted two applications.  He states, in effect, that his commanding officer told him he was going to recommend him for the Combat Infantryman Badge at the conclusion of Desert Storm; however, the commanding officer failed to follow through with his promise.  He also states that he made one helicopter flight to and from Iraq/Saudi Arabia during the hostilities and wonders if this qualifies him for an award of the Air Medal.  In support of his applications, he submits a letter of explanation wherein, in summary, he contends that his mission with the Aviation Brigade in Southwest Asia was to provide security around their sector of the brigade’s desert airfield and provide small arms fire support should there have been any probes by the enemy.  His letter also states that “I personally felt that we did not deserve the CIB [Combat Infantryman Badge] because we fired no shots, nor did we exchange shots with Iraqi troops.”  The applicant submitted a copy of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 14 June 1963, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 4 May 1991, a DD Form 215 (Correction to DD Form 214) and a letter to a Member of Congress dated 15 March 1996.

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

The applicant enlisted in the Regular Army on 16 June 1960 for a period of
3 years.  He trained as a light weapons infantryman and was honorably discharged on 14 June 1963 and transferred to the USAR.  He was ordered to active duty on 27 December 1990 in support of Operation Desert Shield/Desert Storm.  He served in Southwest Asia from 1 February 1991 through 15 April 1991 and was honorably discharged from active duty on 4 May 1991 and transferred to the USAR.   

The applicant’s DD Form 214 with an effective date of 4 May 1991 does not show the Combat Infantryman Badge or the Air Medal as authorized awards.  Item 11 (Primary Specialty) on the DD Form 214 shows “75Z4P – PERSONNEL SERGEANT 04MOS//95B4P – MILITARY POLICE 04MOS//11B4P – INFANTRYMAN 04MOS//NOTHING FOLLOWS//”.  

A DD Form 215 (Correction to DD Form 214), issued on 22 February 1993, amended item 11 (Primary Specialty) of the applicant’s DD Form 214 with an effective date of 4 May 1991 to show “75Z4P PERSONNEL SERGEANT – 04MOS//NOTHING FOLLOWS”.  

The applicant’s DA Form 2166-7 (NCO Evaluation Report) for the period October 1990 through April 1991, shows the applicant’s primary military occupational specialty code (MOSC) was 75Z (personnel sergeant), that his principal duty title was “Chief Preventive Medicine NCO” and his duty MOSC was “91S4D” [preventive medicine specialist] during that rating period.  Item c. (Daily Duties and Scope) of the DA Form 2166-7 states “Performed duties of direct support detachment NCOIC; assisted in organizing the detachment into four detachment teams and assigning them to the 82nd ABN [Airborne] Division’s Brigades.  Deployed with the 82nd AVN Bde [Aviation Brigade] into Iraq throughout that Division’s occupation period for Operation Desert Storm.  On several occasions, functioned as company First Sergeant during Operation Desert Shield/Storm.” 

There are no flight hours recorded in the applicant’s personnel records.  There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal.

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge (CIB), and paragraph 8-6k specifies that for the Persian Gulf War (Operation Desert Storm) individuals must have met the criteria in paragraphs 8-6b and c to be awarded the CIB during the period 17 January 1991 to 11 April 1991.  These paragraphs state 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 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.  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.

Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  Department of the Army message, with a date/time group of 051044Z April 1991, provided implementation guidance for award of the Air Medal for service in the Southwest Theater of Operations.  The message stated:  “The Air Medal for meritorious service in the Southwest Theater of Operations is authorized for sustained distinction in the performance of duties involving regular and frequent aerial flight for a period of at least six months.  For the purpose of this award, approving authorities may consider time flown in Southwest Asia commencing 2 August 1990.”

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 Board noted the applicant’s contention that he is entitled to the Combat Infantryman Badge for his service in Southwest Asia.  However, evidence of record shows the applicant’s primary MOS was 75Z (personnel sergeant) and his duty MOS was 91S (preventive medicine specialist) during his assignment in Southwest Asia.

2.  There is no evidence of record that the applicant served in an infantry MOS in Southwest Asia or that he served in active ground combat while an assigned member of an infantry unit in Southwest Asia.  Therefore, he is not entitled to award of the Combat Infantryman Badge. 

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for award of the Air Medal.  Therefore, he is not entitled to this award.

4.  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.

5.  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

RGH____  MDM____  JPS____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029021	
SUFFIX		
RECON		
DATE BOARDED	20000329	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19910504	
DISCHARGE AUTHORITY	AR 635-200 Chapter 4  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0018	
3.		
4.		
5.		
6.