MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 May 2002                   
	DOCKET NUMBER:   AR2002070213

	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. Mark D. Manning		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen Y. Fletcher		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 he be awarded the Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he never received orders for the CIB.  He served with Company D, 2d Battalion, 504th Parachute Infantry Regiment, 82d Airborne Division during Operations Desert Shield/Desert Storm.  He provides his Certificate of Release or Discharge from Active Duty, DD Form 214; a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 215; an Authorization for Issuance of Awards, DA Form 1577, which authorized issuance of the National Defense Service Medal, the Southwest Asia Service Medal with two bronze service stars, and the Kuwait Liberation Medal to him; and a memorandum dated 20 September 1991 verifying he served in Saudi Arabia from 18 August 1990 to 2 April 1991 as supporting evidence.

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

He enlisted in the Regular Army on 27 January 1987.  He completed basic training and advanced individual raining and was awarded military occupational specialty 11H (Heavy Anti-Armor Weapons Infantryman).  He completed basic airborne training.  He was assigned to Company D, 2d Battalion, 504th Parachute Infantry Regiment, 82d Airborne Division, Fort Bragg, NC on 25 June 1987.  He served in Southwest Asia from 18 August 1990 – 2 April 1991.  He was released from active duty on 25 May 1991.  

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

Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  Paragraph 8-6k specifies that, for the Persian Gulf War (Operation Desert Storm), individuals must have met the criteria in paragraphs 8-6b and 8-6c to be awarded the CIB during the period 17 January – 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, who is 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.  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.  Campaign or battle credit alone is not sufficient for award of the CIB.

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 served in an infantry military occupational specialty with an infantry unit during his assignment in Southwest Asia.  However, there is no evidence to show his unit was engaged in active ground combat or that he was personally under hostile file with his unit while it was engaged in active ground combat.  Therefore, there is insufficient evidence on which to base award of the CIB.

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

__mdm___  __le____  __kyf___  DENY APPLICATION

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

INDEX

CASE ID	AR2002070213	
SUFFIX		
RECON		
DATE BOARDED	20020523	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.