MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 January 2003                    
	DOCKET NUMBER:   AR2002074893

	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. Joyce A. Hall .		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Jennifer Prater		Member	
	Ms. Mae M. Bullock		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:  He contends in his statement on a VA Form 21-4138 (Statement in Support of Claim) that he served as a rifleman with the 3rd Battalion, 41st Infantry, 2nd Armored Division stationed at Fort Hood, TX, which was deployed to Saudi Arabia.  In February of 1991 his unit was under fire, which qualified the entire unit for the Combat Infantryman Badge.  Due to the field presentation the award was not added to his DD Form 214.  

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

On 29 August 1989, the applicant enlisted in the Regular Army for 3 years.  His record shows that he was awarded the military occupational specialty (MOS) 11M10 (Fighting Vehicle Infantryman).  His DA Form 2-1 (Personnel Qualification Record) shows that he served in Saudi Arabia in a temporary status from 
13 October 1990 to 15 May 1991.  

On 1 October 1992, after going through Physical Evaluation Proceedings the applicant was honorably discharged under Army Regulation 635-40, paragraph 
4-24b(3).

Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 does not show the Combat Infantryman Badge as an authorized award.  The applicant authenticated his DA Form 2-1 in his own hand at the time of his separation from the Army.

His DD Form 214 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), which is authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.

There are no orders in the applicant's service personnel records that show he was awarded the Combat Infantryman Badge. 

Army Regulation 600-8-22 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.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit activity 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.  There is no evidence in the applicant's records, and the applicant has 
provided no evidence, which shows that he was awarded or was eligible for award of the Combat Infantryman Badge.

2.  The Board noted the applicant's contention that all personnel in the unit to which he was assigned received the award of the Combat Infantryman Badge. 
There is no evidence of record to support his contention.  

3.  The Board also noted that the applicant authenticated his DA Form 2-1 and his DD Form 214 at the time he was discharged from active duty, thereby attesting to accuracy of the forms.  Therefore, without sufficient evidence the applicant is not entitled to correction of his records to show the award of the Combat Infantryman Badge.  However, if the applicant can provide unit orders or other evidence that shows he was entitled to award of the Combat Infantryman Badge, then he may reapply to this Board for correction of his records. 

4.  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.

5.  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

___MKP_  ___JP___  __MMB__  DENY APPLICATION

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

INDEX

CASE ID	AR2002074893	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/01/14	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.