MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            23 July 2002
	DOCKET NUMBER:   AR2002071865

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Gail J. Wire		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:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge.

APPLICANT STATES:  That when he reviewed his record, he discovered that the Combat Infantryman Badge was not indicated on his DD Form 214.  In support of his application, he submits a copy of his DD Form 214.

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

The applicant enlisted in the Regular Army on 11 October 1978 for a period of three years.  He successfully completed basic and advanced individual training and served in Panama (15 November 1978 to 14 October 1980) as an infantryman.  He continued to serve on active duty through a series of reenlistments and served overseas in Korea (10 November 1981 to 9 November 1982), Germany (16 February 1985 to 16 August 1987; 28 June 1990 to 23 December 1990; 8 July 1991 to 7 October 1991), and Southwest Asia (24 December 1990 to 7 July 1991).  The applicant was honorably discharged on 30 April 1992 under the provisions of Army Regulation 635-200, paragraph 16-8, for Reduction in Authorized Strength – Qualitative Early Transition Program.

The applicant's DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

There are no orders in the applicant’s personnel records which show he was awarded the Combat Infantryman Badge.  His DA Form 2-1 (Personnel Qualification Record) shows he served as a platoon sergeant in military occupational specialty (MOS) 11H (heavy antiarmor weapons infantryman) with the 7th Battalion, 6th Infantry, 1st Armored Division during his assignment in Southwest Asia.  However, there is no evidence which shows he served with this unit during active ground combat.

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge (CIB), and paragraph 8-6k specifies that, for the Persian Gulf War (Operation Desert Storm), individuals must have met the criteria in paragraphs 8-6b and c to be awarded the CIB during the period 17 January 1991 to 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, 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.  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.

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, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge.

2.  Although the applicant’s Enlisted Qualification Record (DA Form 20) shows he was awarded an infantry MOS and served as a platoon sergeant in MOS 11H in an infantry unit while assigned to Southwest Asia, there is no evidence the applicant served during active ground combat and was personally "present under hostile fire."  Therefore, there is no basis for awarding him the Combat Infantryman 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 that would satisfy this requirement.

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

JLP_____  HOF_____  GLW_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002071865	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020723	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.