MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 July 2001                   
	DOCKET NUMBER:   AR2001057012

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John T. Meixell		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 “Desert Storm Service Ribbon” and the Combat Infantryman Badge (CIB) be added to his Certificate of Release or Discharge from Active Duty, DD Form 214.

APPLICANT STATES:  The applicant makes no additional statement.  He provides his DD Form 214 as supporting evidence.

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

He enlisted in the Regular Army on 15 February 1983.  He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Infantryman).  

The applicant was assigned to Company C, 2d Battalion, 327th Infantry, Fort Campbell, KY as an 11B10 team leader.  He served in Saudi Arabia from          15 September 1990 – 11 April 1991.  He was honorably discharged on              13 January 1992 in pay grade E-3.  His DD Form 214 shows he was awarded the Southwest Asia Service Medal with two bronze service stars.  On 4 March 1993, his DD Form 214 was amended to add the Kuwait Liberation Medal and to add the time he served in Southwest Asia.

The applicant’s medical records document a history of chronic lower back pain, beginning in 1986, and other lower extremity problems.

Army Regulation 600-8-22 provides for the award of the CIB to a soldier who is an infantryman satisfactorily performing infantry duties, who is 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.  The eligibility period for the Persian Gulf War was 17 January to 11 April 1991.  Authority to award the CIB was delegated to the Commander, Army Forces Central Command.  This authority could be further delegated to division commanders who had troops committed to the combat operation.

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 acknowledges that the evidence of record verifies the applicant was an infantryman assigned to an infantry unit while in Southwest Asia during the Persian Gulf War CIB eligibility period.  However, the unusually short duration of the Persian Gulf War meant that not every infantryman assigned there was required for combat operations.  Some were held back in rear areas to perform security or other, non-combat duties.  Due to this fact, combined with the medical problems documented in his service medical records, the Board concludes that the applicant’s presence alone in Southwest Asia is insufficient evidence to substantiate his active participation in ground combat.  His eligibility for the CIB would have been confirmed in orders and such orders are not available.

2.  The applicant’s DD Form 214 already shows he was awarded the Southwest Asia Service Medal and was corrected in 1993 to add the Kuwait Liberation Medal.

3.  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

__wtm___  __aao___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057012	
SUFFIX		
RECON		
DATE BOARDED	20010731	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0113	
2.		
3.		
4.		
5.		
6.