MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 April 2002
	DOCKET NUMBER:   AR2002066576

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Curtis L. Greenway		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:  That his records be corrected to reflect his awards of the Combat Infantryman Badge (CIB) and the Army Commendation Medal (ARCOM).

APPLICANT STATES:  That he was awarded the CIB and the ARCOM; however, they were omitted from his report of separation (DD Form 214). 

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

He enlisted on 23 August 1989, for a period of 4 years, training in an infantry career management field, a cash enlistment bonus and assignment to the Continental United States.  He successfully completed his training at Fort Benning, Georgia, and was transferred to Fort Riley, Kansas, for duty as an indirect fire infantryman with the 2d Battalion, 16th Infantry.

On 8 January 1991, he deployed with his unit to Saudi-Arabia in support of Operation Desert Storm/Shield.  He remained there in a temporary duty status until he was returned to Fort Riley on 12 May 1991.  He was advanced to the pay grade of E-4 on 24 October 1991.

On 22 August 1992, he was honorably released from active duty, per his request, under the Fiscal Year 1992 Early Transition Program.  He had served 3 years of total active service and was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Lapel Button, the Southwest Asia Service Medal with three bronze service stars, and the Kuwait Liberation Medal.

A review of the applicant’s records fails to show any evidence that he was awarded the CIB or ARCOM.

Army Regulation 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

That regulation also provides the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

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 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.

2.  The applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that during his assignment he performed the duties of an infantryman while engaged in ground combat against the enemy. Therefore, in the absence of evidence to the contrary, it must be presumed that in accordance with the applicable regulations governing award of the CIB, he is not entitled to be awarded that badge.

3.  The applicant has also failed to show through evidence submitted with his application or the evidence of record that he was awarded the ARCOM, accordingly there is no basis to add that award to his records at this time.

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

___rks __  __wtm___  __clg____  DENY APPLICATION

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

INDEX

CASE ID	AR2002066576	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  66	107.0020/ARCOM	
2.  157	107.0111/CIB	
3.		
4.		
5.		
6.