MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           1 October 2002                 
	DOCKET NUMBER:   AR2002074752

	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. Walter Avery, Jr. | | Analyst

  The following members, a quorum, were present:

| Mr. Raymond V. O'Connor, Jr. | | Chairperson
| Ms. Margaret K. Patterson | | Member
| Mr. Arthur A. Omartian | | 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:  Correction of his military records to show that he was awarded the Combat Infantryman Badge (CIB) and all service ribbons.

APPLICANT STATES:  In effect, that he served in the Sinai as an infantryman during Desert Storm.  He has been told that all infantrymen of his unit, the 1/17^th Infantry, 6^th Infantry Division, that served in the Sinai were authorized the CIB in support of Desert Storm and that the unit received some unit awards.

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

He entered active duty 2 June 1987, and completed training as an infantryman in military occupational specialty (MOS) 11B.  The applicant was honorably released from active duty on 1 June 1991.

The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show award of the CIB.  It does reflect that he was awarded the Multinational Forces and Observers Medal.

The applicant's service personnel records contain no orders awarding him the CIB.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part that in order to receive the CIB for the Persian Gulf War (Operation Desert Storm) individuals must meet three requirements: 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, and satisfactorily perform 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.

Army Regulation 600-8-22 identifies the Multinational Forces and Observers Medal as the only award identified specifically for service in the Sinai.

The 1/17^th Infantry, 6^th Infantry Division was not awarded any unit awards for service during Operation Desert Storm.

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 applicant states he was stationed in the Sinai and does not state that he participated as an infantryman in Operation Desert Storm, but believes the CIB was awarded to all infantrymen in his unit during the period he was assigned.  The CIB is not a unit award; it must be earned on an individual basis.  Evidence of record shows that the applicant was not deployed in support of Desert Storm.  He was not personally present and under hostile fire while serving in an assigned infantry or special forces primary duty position, in a unit actively engaged in ground combat with the enemy.  Therefore, the applicant did not meet the requirements for the CIB and is not entitled to award of the CIB.

2.  The unit to which the applicant was assigned was not awarded any unit awards for service during Desert Storm; therefore he is not authorized any unit awards.

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

___aao __  ____rvo__  ___mkp_  DENY APPLICATION

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

INDEX

CASE ID | AR2002074752
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 20021001
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. | 107.0111
2. |
3. |
4. |
5. |
6. |