MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 April 2003    
	DOCKET NUMBER:   AR2002083329

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Bernard P. Ingold		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:  Award of the Combat Infantryman Badge.  

APPLICANT STATES:  That he was assigned to Headquarters and Headquarters Company, 5th Battalion of the 16th Infantry in the Persian Gulf War and he was not awarded the Combat Infantryman Badge.  

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

The applicant enlisted on 18 February 1986 and trained as a legal specialist and an infantryman.  He served as a legal specialist in Southwest Asia from 
27 December 1990 through 7 May 1991.  On 14 August 1992, the applicant was released from active duty under the provisions of Army Regulation 635-200, paragraph 16-8, for the convenience of the Government (FY92 [Fiscal Year 1992] Early Transition Program).   

The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award. 

There are no orders for the Combat Infantryman Badge in the available records.  

There is no evidence in the applicant's service personnel records which shows that he served in an infantry military occupational specialty (MOS) during his assignment in Southwest Asia.  There is also no evidence that the applicant was engaged in active ground combat during his assignment in Southwest Asia.

The applicant's service personnel records contain DA Form 2166-7 (NCO [Noncommissioned Officer] Evaluation Report) covering the period March 1990 through February 1991.  This evaluation report shows the applicant's principal duty title was Battalion Legal NCO and his duty MOS was 71D20 (legal specialist) during this period.  This report also shows that the applicant was attached to the Forward Area Support Team for refueling mission during Operation Desert Storm, that he participated in clearing trenches during Operation Desert Storm, that during Operation Desert Storm he often stepped in for the Personnel Service NCO and that he assisted the Support Platoon Leader in moving fuel forward.   

The applicant's service personnel records also contain DA Form 2166-7 (NCO Evaluation Report) covering the period March 1991 through February 1992.  This evaluation report shows the applicant's principal duty title was Battalion Legal Clerk and his duty MOS was 71D20 during this period.     

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, 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 Combat Infantryman Badge during the period 
17 January 1991 to 11 April 1991.  These paragraphs state that there are basically three requirements for award of the Combat Infantryman Badge. 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.  Evidence of record shows the applicant served as the Battalion Legal NCO in duty MOS 71D (legal specialist) during his assignment in Southwest Asia.  

2.  There is no evidence of record which shows the applicant served in an infantry MOS during his assignment in Southwest Asia.  There is also no evidence that his unit was engaged in active ground combat or that he was personally under hostile fire.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.  

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

JNS____  TL______  BPI_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002083329	
SUFFIX		
RECON		
DATE BOARDED	20030429	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.