MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           10 June 2003                   
	DOCKET NUMBER:   AR2002082208

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A.Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. John T. Meixell		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 separation document be amended to add the Combat Infantryman Badge (CIB) and the Jungle Operations Training Course (JOTC).

APPLICANT STATES:  He engaged in combat on several occasions while in Somalia.  He completed JOTC at Ft. Sherman, Panama, in December, 1992.

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

He enlisted in the Regular Army on 25 March 1992, was awarded the military occupational specialty (MOS) of infantryman, and was promoted to pay grade 
E-3.

On 8 February 1994, the applicant’s commander initiated a bar to reenlistment against the applicant.  That bar was for “[with] intent to deceive, sign an official record, to wit:  Standard Form of Motor Vehicle Accident, which record was false, in that the involvement of alcohol was not revealed, and was then known by you to be false.”

On 31 March 1994, the applicant was given a certificate of achievement for the time he served in Somalia (10 October 1993 to 12 March 1994) in an infantry unit.  That certificate was for “protecting forces engaged in humanitarian efforts.”

The applicant then requested immediate discharge due to his perception that he would not be able to overcome the bar.

His request was approved, and on 24 August 1994 he was issued a General Discharge Certificate.

The applicant’s DA Form 2-1, Personnel Qualification Record, Item 17, Civilian Education and Military Schools, only contains the applicant’s civilian high school completion and the infantry school he attended to become MOS qualified.

Army Regulation 600-8-22 provides that the CIB is awarded to infantry officers and warrant officers as well as enlisted men who hold 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.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  While the applicant was assigned to an infantry unit in Somalia, there is no evidence that he served in active ground combat.  Without such documentation, there is insufficient evidence in which to award him the CIB.
2.  As for adding the JOTC to his separation document, the applicant has not provided, nor does his records contain, any evidence which would substantiate his claim that he attended or graduated from that school.  Without such documentation, there is insufficient evidence to add this school to his separation document.

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

___slp___  ____sac _  ____jtm _  DENY APPLICATION

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

INDEX

CASE ID	AR2002082208	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030610	
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.	107.00	
2.		
3.		
4.		
5.		
6.