MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            1 March 2000                  
	DOCKET NUMBER:    AR1999031005

	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. Jessie B. Strickland		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby 		Member	
	Mr. John Saputo		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 while serving with the 2d Armored Cavalry Regiment, all personnel with the military occupational specialty (MOS) of an infantryman were awarded the CIB for their duty in Saudi Arabia; however, he did not receive orders because of his attached status during Operation Desert Storm and was shipped stateside prior to being able to receive the award.  He further states that his early departure was due to his community in New Ulm, Germany closing and that all remaining soldiers received their orders.  He also states that married personnel were returned first and did not receive such orders.

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

The applicant initially enlisted in the Regular Army on 25 June 1984 and served as an infantryman until he was honorably released from active duty on 30 April 1987 under the early transition program.  He had served 2 years, 10 months, and 5 days of total active service. 

He again enlisted on 27 June 1988 for a period of 4 years and assignment to Europe.  He was transferred to Germany on 13 July 1988 for duty as an infantryman.  While in Germany he was transferred to Saudi Arabia on 15 December 1990 and served there on temporary duty until 22 April 1991.

On 10 June 1991 he was transferred to Fort Campbell, Kentucky where he remained until he was honorably discharged in the pay grade of E-5 on 26 June 1992.  He had served 6 years, 10 months, and 5 days of total active service and was paid $14,310.70 in separation pay.

His report of separation indicates that he was awarded the National Defense Service Medal, the Good Conduct Medal with oak leaf cluster, the NCO Professional Development Ribbon, the Overseas Service Ribbon, the Army Service Ribbon, the Army Achievement Medal with three oak leaf clusters, the Saudi Arabia Kuwait Liberation Medal, and the Southwest Asia Service Medal.

A review of the applicant’s Official Military Personnel File (OMPF) fails to reveal that the applicant was recommended for award of the CIB or that he engaged the enemy in live combat during the period in question. 

Army Regulation 600-8-22 establishes the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.
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 the aforementioned requirement.

2.  The applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that during his assignment he performed the duties of an infantryman while engaged in ground combat against the enemy. Therefore, in the absence of evidence to the contrary, it must be presumed that in accordance with the applicable regulations governing award of the CIB, he is not entitled to be awarded that badge.

3.  The Board also notes that the applicant served in the continental United States approximately 1 year after returning from Germany and if he believed that he was authorized an award of the CIB, could have more easily obtained the orders from his previous command or corroboration from his previous chain of command if in fact he was authorized the award.  However, he has failed to show through the evidence submitted with his application or the evidence of record that such was the case.

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

__gdp___  __mmd___  __js____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031005	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/03/01	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 157	107.0116	
2.		
3.		
4.		
5.		
6.