MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 October 2002
	DOCKET NUMBER:   AR2002067845

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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 official military personnel records be corrected to include the Combat Infantryman Badge.

APPLICANT STATES:  In effect, that he served as an Infantryman and was awarded the Combat Action Ribbon before being released from active duty on 
20 July 1992.  He believes that the Combat Action Ribbon is synonymous with the Combat Infantryman Badge.  In support of his application the applicant submits a copy of his NGB Form 22 (Report of Separation and Record of Service), a copy of a letter from the Secretary of the Navy dated 20 July 1992, 
awarding him the Combat Action Ribbon, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)(Marine), and a copy of DD Form 
215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty).

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

On 12 September 1983, the applicant enlisted in the Regular Army.  On 
11 September 1985, the applicant was released from active duty and transferred to the U. S. Army Reserve (USAR).  On 3 February 1988, the applicant enlisted in the U. S. Marine Corps (USMC) and was honorably discharged on 2 February 1992.  On 23 April 1992, the applicant enlisted in the Army National Guard of 
Pennsylvania and was discharged on 24 March 1995.  

His DD Form 149 (Application for Correction of Military Record) currently shows him as a 2nd Lieutenant in the USAR.

His DD Form 214, for the USMC does not show the award of the Combat Action Ribbon.  However, he provides a copy of a DD Form 215, which corrects his DD Form 214 by adding the Combat Action Ribbon.  

His NGR Form 22 from the ARNG does show that he was awarded the Combat Action Ribbon.

Department of Defense Instruction 1348.33 (Military Awards Programs) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 
17 February 1969.  It is awarded to members of the U.S. Navy, the USMC, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade
of 0-6 and below who have actively participated in ground or surface combat.
The Department of Defense Instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia (1 March 1961 and ending with Operation Desert Storm in 1991).  

Department of Defense Instruction 1348.33 states that an individual who earned the Combat Infantryman Badge in the Army is authorized to wear the Combat Action Ribbon as a member of the USMC.

Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to Army infantry or special forces officers in the grade of colonel or below, or to Army enlisted soldiers or warrant officers with an 
Infantry or Special Forces military occupational specialty who, subsequent to 
6 December 1941, 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.  Battle participation credit alone is not sufficient.  The unit must have been in active ground combat with the enemy during the period.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the 
DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

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 evidence of record shows that the applicant did not meet the criteria for the award of the Combat Infantryman Badge during his tenure in the Army.  His DD Form 214 for that period ending 11 September 1985, reflects the awards that he was entitled to at that time.  An individual who was awarded the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon in the USMC.  However, the reverse is not true (award of the Combat Action Ribbon does not authorize the wear of the Combat Infantryman Badge).

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

__RVO__  __MKP  _  __AAO __ DENY APPLICATION 

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

INDEX

CASE ID	AR2002067845	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/01	
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.	107.0111	
2.		
3.		
4.		
5.		
6.