MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           6 February 2003
	DOCKET NUMBER:  AR2002078583

	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	
	Mr. James E. Anderholm		Member	
	Ms. Eloise C. Prendergast		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 the Combat Infantryman Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT STATES:  That he was awarded the Combat Infantryman Badge as a result of service in the Persian Gulf from August 1990 to April 1991.  He claims that the original orders were lost and that he was assigned to Company A, 1st Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division at the time he was awarded the Combat Infantryman Badge.  The applicant did not submit any documents in support of his application.

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

The applicant enlisted in the Regular Army on 18 July 1989.  He completed one station unit training at Fort Benning, Georgia, and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He served overseas in Korea, Southwest Asia and Panama.  The applicant continued to serve on active duty through a series of reenlistments and was honorably discharged on 25 August 2000.

The applicant's DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

There are no orders in the applicant’s personnel records which show he was awarded the Combat Infantryman Badge.  His DA Form 2-1 (Personnel Qualification Record) shows he served as an infantryman in MOS 11B with the 1st Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division during his assignment in Southwest Asia.  However, there is no evidence which shows he served with this unit during active ground combat.

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 (CIB), 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 CIB during the period 17 January 1991 to 11 April 1991.  These paragraphs state 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.  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.

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 considered the applicant's contention that he was awarded the Combat Infantryman Badge for service in the Persian Gulf.  However, there is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge.

2.  Although the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he was awarded an infantry MOS and served as an infantryman in an infantry unit while assigned to Southwest Asia, there is no evidence the applicant served during active ground combat and was personally "present under hostile fire."  Therefore, there is no basis for awarding him the Combat Infantryman Badge.

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 this 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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

FNE_____  JEA_____  ECP_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002078583	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030206	
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.	107.0111	
2.		
3.		
4.		
5.		
6.