MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            5 December 2000                  
	DOCKET NUMBER:   AR2000045827

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Campbell 		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Jose A. Martinez 		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 Expert Marksmanship Qualification Badge with Rifle Bar.

APPLICANT STATES:  In effect, that everybody else in the battalion received the Combat Infantryman Badge through certificate and orders.  He contends that his award of the Combat Infantryman Badge is not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty), but he states that he did receive one.  He also states that his last “BRM” was expert.  In support of his application, he submits a copy of his DD Form 214.

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

The applicant enlisted on 12 September 1989 for a period of 4 years.  He served as a fighting vehicle infantryman in Southwest Asia from 13 November 1990 through 15 April 1991.  The applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 5, for failure to meet Army weight control standards.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge or the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.  The Board notes that the Sharpshooter Marksmanship Qualification Badge with Rifle Bar is an authorized award.   

There are no orders in the applicant’s personnel records which show he was awarded the Combat Infantryman Badge.  

There is no evidence in the applicant’s personnel records which shows that his unit was engaged in active ground combat during his assignment in Southwest Asia. 

There is no evidence in the applicant’s personnel records which shows he qualified for or was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Item 9 (Awards, Decorations & Campaigns) on the applicant’s DA Form 2-1 (Personnel Qualification Record) shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar on 11 October 1989.

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, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

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 received the Combat Infantryman Badge.  However, the applicant did not provide any evidence to support this contention.  

2.  Evidence of record shows the applicant served in an infantry military occupational specialty during his assignment in Southwest Asia.  However, there is no evidence the applicant was awarded the Combat Infantryman Badge.  There also is no evidence of record which shows his unit was engaged in active ground combat or that he was personally under hostile fire.  Therefore, the applicant is not entitled to correction of his military records to show award of the Combat Infantryman Badge.  

3.  The Board also noted the applicant’s contention that he was entitled to the Expert Marksmanship Qualification Badge with Rifle Bar.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was qualified for or awarded this badge.  Therefore, the applicant is not entitled to correction of his military records to show the Expert Marksmanship Qualification Badge with Rifle Bar.     

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

AMC____  ALR____  JAM_____  DENY APPLICATION

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

INDEX

CASE ID	AR200045827	
SUFFIX		
RECON		
DATE BOARDED	20001205	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19920415	
DISCHARGE AUTHORITY	AR 635-200 Para 5-15	
DISCHARGE REASON	Failure to meet Army Weight Control Standards	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0108	
3.		
4.		
5.		
6.