MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           13 JUNE 2002                   
	DOCKET NUMBER:   AR2002073010

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Donald P. Hupman, Jr.		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 DD Form 214 be corrected to reflect award of the Combat Infantryman Badge (CIB).  

APPLICANT STATES:  That he was with Company A, 1st Battalion,               505th Parachute Infantry Regiment in Southwest Asia during the Gulf War and was awarded the CIB; however, his DD Form 214 does not reflect that award.  

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

The applicant enlisted in the Army on 14 August 1990, completed training as an infantryman, and in January 1991 was assigned to the 1st Battalion,              505th Parachute Infantry Regiment at Fort Bragg, North Carolina.  The applicant was AWOL for two days in early June 1991.  The applicant’s DA Form 2-1 (Personnel Qualification Record, Part II) indicates that he went AWOL on           25 June 1991 and reported as admitting himself into Charter Beacon Hospital in Fort Wayne, Indiana on 26 June 1991.  

The applicant’s DA Form 2A (Personnel Qualification Record, Part I) shows that he served in Saudi Arabia, his tour there ending in April 1991.

A 3 July 1991 medical record from the Air Force Medical Center at Wright-Patterson Air Force Base, shows that the applicant was seen in the emergency room because of complaints of depression and being in an AWOL status since 26 June 1991.  That record indicates that the applicant was stationed at Fort Bragg and was deployed to Saudi Arabia from 28 January 1991 to 1 April 1991, serving in an infantry division.  The record indicates that although the applicant stated that he was in a combat zone, he did not directly see combat and denied traumatic events.   

The applicant’s DA Form 2-1 shows that he again went AWOL on 4 July 1991 and was dropped from the rolls on 3 August 1991.     

On 18 October 1991 the applicant’s commanding officer notified the applicant that he was initiating action to separate him for commission of a serious offense, stating that the applicant had been AWOL twice.  He stated that he was recommending that the applicant receive a general discharge.

The applicant consulted with counsel and stated that he had been advised of the basis for the contemplated action to separate him for misconduct, and the nature and consequences of the general discharge that he might receive.  He submitted a statement to the effect that he deployed to Saudi Arabia and upon returning was presented the Combat Infantryman Badge.    

The applicant’s commanding officer recommended to the separation authority that the applicant be discharged for misconduct.  On 7 January 1992 the separation authority approved the recommendation.  The applicant was discharged on 15 April 1992.  His DD Form 214 does not reflect award of the Combat Infantryman Badge.  His records do not show award of the Combat Infantryman Badge.  

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.

The Southwest Asia Service Medal is awarded to members of the Armed Forces who participated in the Persian Gulf War between 2 August 1990 and                30 November 1995.  A bronze service star is awarded to denote participation in the Defense of Saudi Arabia from 2 August 1990 to 16 January 1991; the Liberation and Defense of Kuwait from 17 January to 11 April 1991; and the Southwest Asia Cease-Fire from 12 April 1991 to 30 November 1995.   

A Kuwait Liberation Medal awarded by the Government of Saudi Arabia was approved on 3 January 1992 and is awarded  to members of the Armed Forces of the United States who participated in the Persian Gulf War between              17 January 1991 and 28 February 1991.

A Kuwait Liberation Medal was also awarded by the Government of Kuwait, was approved on 9 November 1995, and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between    2 August 1990 and 31 August 1993.

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.  The applicant was not awarded the Combat Infantryman Badge.  There is no evidence and the applicant has not submitted any, to show that he actively participated in ground combat during the Persian Gulf War.  To the contrary, a    3 July 1991 medical record shows that the applicant himself stated that he did not directly see combat.  Consequently, there is insufficient evidence to grant his request. 

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

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 that 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.

NOTE:  By virtue of his service in Saudi Arabia and his participation in two campaigns from January 1991 to the first of April 1991, the applicant is entitled to award of the Southwest Asia Service Medal with two bronze service stars (one for each campaign), the Kuwait Liberation Medal awarded by the government of Saudi Arabia and the Kuwait Liberation Medal awarded by the government of Kuwait.  The Army Review Boards Agency in St. Louis will be requested to correct the applicant’s records to reflect those awards.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__CLA __  __BJE __  __DPH __  DENY APPLICATION

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

INDEX

CASE ID	AR2002073010	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020613	
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.