MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           15 July 2003
	DOCKET NUMBER:   AR2003084361

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Eric N. Andersen		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 and the Presidential Unit Citation.

APPLICANT STATES:  That he was awarded the Combat Infantryman Badge and the Presidential Unit Citation but they are missing from his DD Form 214.  In support of his application, he submitted a copy of his DD Form 214.

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

The applicant enlisted into the Regular Army on 26 May 1987.  He completed his required training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and 11M (Fighting Vehicle Infantryman).  He completed temporary duty in Southwest Asia (SWA) from 26 August 1990 through 6 March 1991.  The applicant was released from active duty on 27 September 1991 and subsequently served in the Army National Guard. 

The applicant's DD Form 214 does not show the Combat Infantryman Badge or the Presidential Unit Citation as authorized awards.

There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge.  There also is no evidence that he was recommended for award of the Combat Infantryman Badge for service in SWA.

The applicant's complete DA Form 2-1 (Personnel Qualification Record) is not present in his personnel records.  His DD Form 214 shows he was assigned to Company A, 3rd Battalion, 7th Infantry, Fort Stewart, Georgia.  

There is no evidence available to the Board which shows the applicant served with Company A, 3rd Battalion, 7th Infantry during active ground combat in SWA.

The Army Unit Award Citations Listing shows that Company C, 3rd Battalion, 7th Infantry (Team D) was awarded the Valorous Unit Award for service in SWA. Company A, 3rd Battalion, 7th Infantry is not listed as being awarded the Presidential Unit Citation.

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, 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 Combat Infantryman Badge during the period 17 January 1991 to 11 April 1991.  These paragraphs state that there are basically three requirements for award of the Combat Infantryman Badge.  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.

Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

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.  There are no orders which show the Combat Infantryman Badge was awarded to the applicant.  

3.  The evidence of record shows the applicant was awarded infantry MOS 11B and MOS 11M and was assigned to Company A, 3rd Battalion, 7th Infantry.  There is no evidence that he served during active ground combat or was personally "present under hostile fire" in SWA.  Therefore, there is no basis for awarding the applicant the Combat Infantryman Badge.

4.  There is no evidence available to the Board which shows that Company A, 3rd Battalion, 7th Infantry was cited for award of the Presidential Unit Citation.  Therefore, there is no basis for correcting his records to show this unit award.

5.  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

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2003084361	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030715	
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.	107.0000	
2.		
3.		
4.		
5.		
6.