MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            6 February 2001                  
	DOCKET NUMBER:   AR2000042827

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Conner		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Walter T. Morrison		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.

APPLICANT STATES:  In effect, that he “had an infantry MOS [military occupational specialty], was in country [Somalia] more than 30 days and came under enemy fire.”  

In support of his request he submits an April 1995 Army Commendation Medal recommendation which notes that one of his “achievements” justify the award included displaying “extreme confidence and maturity while articulating clear and concise situation reports to the Battalion commander, while receiving sniper fire during the Sword Base security mission in Somalia on December 17, 1993.”

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

He entered active duty on 24 March 1992 and successfully completed training as an infantryman (11B).  

He was assigned to Company C, 2nd Battalion, 22nd Infantry, 10th Mountain Division at Fort Drum, New York as a radio operator/company commo chief between July 1992 and June 1995.

The applicant was honorably discharged on 10 December 1997.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect entitlement to the Combat Infantryman Badge.

On December 3, 1992, the 10th Division headquarters was designated as the headquarters for all Army Forces (ARFOR) of the Unified Task Force (UNITAF) for Operation Restore Hope in Somalia.  The Division Commander was named Army Forces commander.  The Division’s mission was to secure major cities and roads to provide safe passage of relief supplies to the starving Somali population. Due to 10th Mountain Division efforts, humanitarian agencies declared an end to the food emergency and factional fighting decreased.  Beginning in mid February 1993, the Division began the gradual reduction of forces in Somalia.  On 4 May 1993, the UN assumed the task of securing the flow of relief supplies in Somalia as part of Operation Continue Hope.  All remaining Division units in Somalia came under the control of a new headquarters, United Nations Operations in Somalia (UNOSOM II).

In October 1993 the Commander, U.S. Total Army Personnel Command (PERSCOM) announced that the Commander, U.S. Army Forces, Somalia was 

authorized to award the Combat Infantryman Badge to soldiers in Somalia.  The message reminded commanders that the Combat Infantryman Badge could only be awarded to infantry and special forces officers and enlisted soldiers who satisfactorily performed infantry or special forces duty in active ground combat. It noted that the Combat Infantryman Badge was an individual award and “is to be awarded to individual soldiers who meet all of the required criteria, to include engaging the enemy in active ground combat.”  Soldiers who departed Somalia could still be recommended for and awarded the Combat Infantryman Badge by officials at the PERSCOM as long as documentation substantiating eligibility was provided.  Such documentation included the “number/names of soldiers involved in active ground combat, the size of the elements involved (friendly and enemy, estimate number enemy when required), the type, intensity and duration of fire exchanged, and the type of operation/incident that precipitated in the ground combat.”

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.  In order to meet eligibility requirements for award of the Combat Infantryman Badge for operations in Somalia the authorization message clearly emphasizes that “active ground combat” was required.  

2.  The fact that the applicant may have performed his duties on 17 December 1993 “while receiving sniper fire” is not sufficient evidence the applicant was engaged in active ground combat.

3.  The Board notes the applicant remained assigned to the 10th Mountain Division for nearly two years following his deployment to Somalia and yet there is no indication that his chain of command initiated action to award him the Combat Infantryman Badge.  The absence of such evidence tends to support the Board’s conclusion that the applicant was not engaged in active ground combat on 
17 December 1993 and as such did not meet an essential requirement for award of the Combat Infantryman Badge.

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 this 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

__rvo___  ___tl___  __wtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042827	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010206	
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.