MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 August 2002                   
	DOCKET NUMBER:   AR2002068657

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas Lanyi		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).

APPLICANT STATES:  In effect, that he earned the CIB for service in Southwest Asia from 7 October 1990 through 16 April 1991.

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

The applicant entered active duty on 22 April 1986.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman, now know as Mechanized Infantryman).  

The applicant's DA Form 2-1 (Personnel Qualification Record) shows the following pertinent items:

1.  Item 4 (Assignment Consideration) shows that the applicant received a Selective Reenlistment Bonus, as an 11M, for the period of 7 March 1989 through 6 March 1993.  

2.  Item 5 shows his overseas service as Germany from 24 October 1986 through 10 April 1989 and Southwest Asia-Saudi Arabia from 7 October 1990 through 16 April 1991.  

3.   Item 6 (Classification and Assignment Data) lists only the MOS of 11M10.  

4.  Item 9 (Awards, Decorations & Campaigns) shows his entitlement to award of the Army Commendation Medal, the Army Achievement Medal with one oak leaf cluster, the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Southwest Asia Service Medal with 3 bronze service stars, the Kuwait Liberation Medal, the Sharpshooters Qualification Badge with Grenade Bar, and the Marksman Qualification Badge with Rifle Bar.

5.  Item 27 (Remarks) notes that the applicant served in an imminent danger pay area (Saudi Arabia) from 7 October 1990 through 16 April 1991. 

6.  Item 35 (Current and Previous Assignments) shows his duty MOS as 11M from 29 October 1986 through 19 June 1989.  On 20 June 1989 his duty MOS is shown as a 71L (Clerk Typist) with his being attached to Headquarters, Headquarters Company 1st Battalion, 5th Infantry Regiment, 1st Cavalry Division. There are no additional entries in this section until the notation that he received an Honorable Discharge on 7 April 1992 by reason of physical disability with severance pay.

The applicant's record contains a copy of Headquarters, 2nd Brigade, 1st Cavalry Division Permanent Orders 36-12, showing that the applicant was awarded the Army Commendation Medal for meritorious service, for the period of 17 January 1991 through 3 March 1991, while attached to Company A, 1st Battalion, 5th Infantry Regiment, 1st Cavalry Division. 

Army Regulation 600-8-22, paragraph 8-6 sets forth the Army policy and procedures for award of the CIB.  In effect, that paragraph states that there are three basic requirements for award of the CIB.  The enlisted soldier must have an infantry specialty, they must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and they must be personally present and under hostile fire while serving in that unit.  For award of the CIB during operation in the Persian Gulf War service must have been between 1 January 1991 and 11 April 1991.

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 Board is unable to determine whether or not the applicant is entitled to CIB for his service during the Persian Gulf War.  The Board has not been able to locate any evidence nor has the applicant provided any documentation on what unit he was attached to or in what capacity he served during this period. 

2.  In the absence of evidence to the contrary, it is presumed that the DD Form 214 is correct and that the applicant is not entitled to the CIB.

3.  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

__INW__  __AAO___  __TL____  DENY APPLICATION

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

INDEX
CASE ID	AR2002068657	
SUFFIX		
RECON		
DATE BOARDED	20020827	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.