MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            13 DECEMBER 2001
	DOCKET NUMBER:   AR2001058409

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Regan K. Smith		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 reflect award of the Combat Infantryman Badge.  

APPLICANT STATES:  He states the award is not reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  In support of his request he submits a DA Form 1577 (Authorization for Issuance of Awards), which indicates that he was authorized issuance of the Combat Infantryman Badge by an official at the U.S. Army Reserve Personnel Command in April 2001.

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

The applicant enlisted in the Regular Army on 3 May 1990 for a period of
2 years.

On 27 August 1990, the applicant was awarded MOS (Military Occupational Specialty) 11C (Indirect Fire Infantryman). 

On 3 January 1992, he was honorably discharged under the provisions of Army Regulation 625-200, chapter 5, for the convenience of the Government.  His DD From 214 indicates that he served in Southwest Asia between January and June 1991 where he was awarded the Southwest Asia Service Medal.  It also indicates that the applicant was assigned to an armor unit in Europe at the time of his separation from active duty.

On 16 April 2001, an official at the U.S. Army Reserve Personnel Command in St. Louis authorized issuance of the CIB.

Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states 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.  Awards of the CIB are confirmed in orders, which are issued by the appropriate awards authority.

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.  There is no evidence in the applicant’s records, nor has he provided documentation that he was assigned to an infantry unit, which was engaged in active ground combat with the enemy.  The applicant has provided no evidence that orders were issued awarding him the CIB.  

2.  The applicant submitted a DA Form 1577 as the sole basis for his entitlement to award of the CIB.  However, there is no evidence to support the issuance of the award.  Had the applicant in fact been authorized the badge, orders would have been published confirming his entitlement to the badge. 

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 to show that there was an error or injustice in this case.

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

__SAC __  __MDM _  __RKS __  DENY APPLICATION

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

INDEX

CASE ID	AR2001058409	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011213	
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.