MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            24 October 2000
	DOCKET NUMBER:   AR2000045405

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Edwin S. Castle		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).  He also requests that his two DD Forms 214 (Certificate of Release or Discharge from Active Duty) be consolidated into a single document.

APPLICANT STATES:  That the CIB, schools and other awards from previous periods of Army service were not listed on his DD Form 214 dated 15 October 1991.  In support of his application he submits 2 DD Forms 214 for the 
periods 29 July 1980 through 28 July 1983, and 26 February 1987 through 
15 October 1991. 

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

The applicant had 2 periods of Army service, 29 July 1980 through 28 July 1983, and 26 February 1987 through 15 October 1991 and received two individual 
DD Forms 214 recording each period of service. 

The first period of service indicates the applicant completed 3 years of total active service and was awarded the Good Conduct Medal, the Army Service Ribbon, the Air Assault Badge, and the Jungle Expert Badge.  His highest rank attained was specialist (E-4) and was honorably released from active duty 
28 July 1983.

The second period of service indicates the applicant completed 4 years, 
4 months, and 16 days of total active service.  His military occupational specialty (MOS) was 11C (Indirect Fire Infantryman).  He was awarded the Army Service Ribbon, the Army Lapel Button, the Army Achievement Medal, the Southwest Asia Service Medal with two Bronze Service Stars, the Overseas Service Ribbon, the Army Good Conduct Medal (1st Award), the NCO Professional Development Ribbon, and the Expert Badge (Rifle).  He served in Southwest Asia from
27 August 1991 to 23 April 1991 and was then assigned to Headquarters and Headquarters Company 4/64th Armor, Fort Stewart, Georgia.  He was discharged from the Army on 15 October 1991 under conditions other than honorable under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.

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

The Army Discharge Review Board on 4 October 2000 upgraded the applicant’s characterization of service for the period of service 26 February 1987 through 
15 October 1991 to general under honorable conditions.

Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214.  Paragraph 1-4a, states in effect, that the DD Form 214 will be prepared for all  personnel at the time of their retirement, discharge, or release from active duty.

Army Regulation 600-8-22 prescribes the Army policy and procedures concerning awards.  Paragraph 8-6 provides for the award of the CIB, and paragraph 8-6k specifies that for the Persian Gulf War 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 engaged in an active ground combat, and that he actively participated 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 an active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, and 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, and it is concluded:

1.  There is no evidence of record that shows the applicant was awarded or recommended for the Combat Infantryman Badge.  There is no evidence which shows that he was personally present under hostile fire or was assigned to a unit actively engaged in ground combat with the enemy.  Also, the applicant was assigned to an armor unit and not an infantry unit as required by regulation. Therefore, he is not entitled to award of the Combat Infantryman Badge.

2.  In accordance with regulatory guidance there is no provision to authorize the consolidation of DD Forms 214.  Furthermore, it is important to be able to distinguish each period of service for the purpose of determining various benefits or entitlements resulting from such service.

3.  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.

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

__MKP___  __JTM___  __ESC___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045405	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001024	
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.	110.00	
3.		
4.		
5.		
6.