MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:      

		BOARD DATE:           21 OCTOBER 2003                    
		DOCKET NUMBER:  AR2003087937

	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:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones II		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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge (CIB) and to add a remark that he participated in Operation Desert Shield and Desert Storm.   

APPLICANT STATES:  That the omission of the CIB on his DD Form 214 was a clerical error.  The VA (Department of Veterans Affairs) Medical Center in Albany, New York noted that there was no reference to his participation in Operation Desert Shield and Desert Storm.   

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

The applicant enlisted in the Army for four years on 2 March 1989, completed training as an infantryman and as a fighting vehicle infantryman, and in September 1989 was assigned to Headquarters and Headquarters Company, 3d Battalion, 15th Infantry.  He served in Saudi Arabia from 24 August 1990 to 22 March 1991.

In May 1991 the applicant's commanding officer recommended that the applicant be barred from reenlistment for unsuitability.  He stated that since returning from Operation Desert Storm, the applicant had displayed an apathetic attitude toward Army policies and standards as evidence by attached statements and counseling statements.  The bar was approved on 29 May 1991.  The applicant stated that he would not appeal the bar.

The applicant applied for voluntary separation under the provisions of Army Regulation 635-200, paragraph 16-5, stating that he felt that he would not be able to overcome the bar to reenlistment imposed upon him.  The separation authority approved his request and directed that his service be characterized as honorable.

The applicant was released from active duty on 23 July 1991.  His awards include the Southwest Asia Service Medal with two bronze service stars.  It does not show award of the CIB.  The remarks section of that form shows that he served in SWA (Southwest Asia) from 25 August 1990 to 26 March 1991.     

Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  As with all awards, formal recommendation and approval in the chain of command are required.  The award must be announced or published in general or permanent orders.

Army Regulation 635-5, then in effect, provides instructions for the preparation of the DD Form 214. It provides for specific entries for each item of that form, to include required entries in the remarks portion of the DD Form 214.  Participation in Operation Desert Shield and Desert Storm is not an entry required on that form for Regular Army Soldiers being discharged or released from active duty. 

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 an infantryman, assigned to an infantry company in Saudi Arabia during Operation Desert Storm; however, there is no evidence, and the applicant has not provided any to show that he served in active ground combat with his unit in Saudi Arabia.  There is insufficient evidence to grant the applicant's request for award of the CIB. 

2.  The applicant's DD Form 214 reflects his service in Saudi Arabia.  There are no regulatory requirements to add the remark which he requests.  Consequently, his request in this respect is not granted.   

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

4.  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.

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

__MHM__  __WDP _  ___FCJ  _  DENY APPLICATION

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

INDEX

CASE ID	AR2003087937	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031021	
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.	110.00	
2.		
3.		
4.		
5.		
6.