APPLICANT REQUESTS:  That he be awarded the Combat Infantryman Badge (CIB) for combat service in Panama and Iraq.
APPLICANT STATES:  He participated in the combat parachute assault into Panama and ground combat operations in Iraq as a member of the 82d Airborne Division.
EVIDENCE OF RECORD:  The applicant’s military records show:

He entered active duty as a second lieutenant, infantry, on 14 May 1982.  He remained on continuous active duty until 15 June 1993 when he was honorably discharged in the grade of captain.  His significant awards include the Meritorious Service Medal, the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Southwest Asia Service Medal, the Armed Forces Expeditionary Medal, the Kuwait Liberation Medal, the Air Assault Badge, the Expert Infantryman Badge, the Master Parachutist Badge with bronze service star, the Army Service Ribbon and the Overseas Service Ribbon.
During his 11 years, 1 month and 2 days of active duty he served with the 101st Airborne Division (Air Assault) and accompanied the 82d Airborne Division to Panama and the Middle East participating in combat operations Just Cause (Panama) and Desert Storm (Iraq).
The record reflects that his duties during both combat operations were as an assistant operations officer assigned to the Headquarters of the 82d Airborne Division, a position in an organization above those units involved in active ground combat.
Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to Army infantry or special forces officers in the grade of colonel or below, or to Army enlisted soldiers or warrant officers with an infantry or special forces military occupational specialty who, subsequent to 6 December 1941, 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.  Battle participation credit alone is not sufficient.  The unit must have been in active ground combat with the enemy during the period.
The same regulation prescribes criteria for award of the Parachutist Badge and provides that a bronze service star is authorized to be worn on the Parachutist Badge to denote a soldier’s participation in a combat parachute jump.  A soldier’s parachute jump credit is tied directly to the combat assault credit for the unit to which the soldier is attached or assigned at the time of the assault.  Should a unit be denied air assault credit, no air assault credit for purposes of this badge will accrue to the individual soldiers of that unit.
The US Army Reserve Personnel Center, in an advisory opinion (COPY ATTACHED) to this Board, recommended that the applicant’s request for the CIB be denied.
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1.	Notwithstanding award of a bronze service star to his parachutist’s badge, which denotes participation in a combat parachute jump, he does not meet the criteria for the CIB solely because he was assigned to an organization above brigade level, that was not engaged in active ground combat.

2.	The requirements for the CIB and the bronze service star for the parachutist badge may appear similar on the surface, i.e., participation in combat; however, the eligibility requirements for each differ substantially.  Award of the CIB demands that the individual be engaged in active ground combat, a stricter standard than that intended for award of the bronze service star to the parachutist badge which requires only participation in a combat jump.

3.	In view of the foregoing, there appears to be 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

                       DENY APPLICATION




						David R. Kinneer
						Executive Secretary