MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 2 August 2001
         DOCKET NUMBER: AR2001051517

         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. Deyon D. Battle		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Ms. Barbara J. Ellis		Member
Mr. John P. Infante		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)

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APPLICANT REQUESTS: A first and second award of the Combat Infantryman Badge (CIB) for his Granada service and his El Salvador service. He also requests that his records be corrected to show that he was promoted to the pay grade of E-9 and that he was pending attendance at the Sergeants Major Academy. He also requests that he be awarded Aviation Wings; the Humanitarian Service Medal (2^nd Award); the Good Conduct Medal (6^th 7^th and 8^th Awards); the Army Commendation Medal (2^nd Award); the Meritorious Service Medal (2^nd Award); the Defense Meritorious Service Medal (2^nd Award); the Joint Meritorious Unit Medal (2^nd Award); the Legion of Merit; and all unit awards to which he may be entitled.

APPLICANT STATES: That racism, prejudice and suspicion was profound as a result of having him and one other “black operative” assigned to an otherwise “all white” unit. He states that if he had completed his tour of duty with Sea Spray, instead of being ejected from the Army by his Special Forces Commander, he would have been promoted to Command Sergeant Major (E-9). He states that his racially motivated, early, forced discharge from the Army, prevented him from receiving all of the awards he was entitled to receive.

COUNSEL CONTENDS: That the applicant’s application, in conjunction with the official Army records, amply advance his contentions and substantially reflect the probative facts needed for an equitable review. Counsel rests on the evidence of record.

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

On 10 September 1968, he enlisted in the Army for 3 years in the pay grade of
E-1 and he successfully completed his training as a combat engineer. He was promoted to the pay grade of E-2 on 15 November 1968 and he reenlisted in the Army on 16 June 1972 in the pay grade of E-3. He remained on active duty through a series of continuous reenlistments ultimately obtaining the rank of master sergeant (E-8).

His awards include the National Defense Service Medal, the Vietnam Service Medal w/one silver service star, Republic of Vietnam Campaign Medal w/Device (1960), the Parachutist Badge, the Expert Infantryman Badge, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation Badge, the Ranger Tab, the Master Parachutist Badge, the Army Achievement Medal, the Valorous Unit Award, the Army Commendation Medal, the Purple Heart, the Good Conduct Medal (5^th Award), three Overseas Service Bars, the Noncommissioned Officers Professional Development Ribbon w/Numeral 2, the Humanitarian Service Medal, the Meritorious Service Medal w/First Oak Leaf Cluster, the Defense Meritorious Service Medal, the Armed Forces Expeditionary Medal (Grenada), the Joint Meritorious Unit Award, the British Army Parachutist Badge, the Expert Qualification Badge w/Rifle & Pistol Bars, and the Army Service Ribbon.
The records show that, after charges were preferred against him for conspiracy to make and submit false claims, larceny and making false claims, the applicant submitted a request for discharge for the good of the service in lieu of trial by court-martial on 9 January 1986. The appropriate authority approved the request for discharge on 16 May 1986. Accordingly, on 27 June 1986, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10 for the good of the service, in lieu of trial by court-martial. He was issued a general discharge. He had completed over 17 years of total active service.

On 12 August 1998, this Board voided the applicant’s general discharge in lieu of court-martial and retired him (honorably) by reason of a permanent physical disability.

There is no evidence of record that shows that the applicant attended the Sergeants Major Academy and that he would have been promoted to the pay grade of E-9 had he remained on active duty. Further review of the records fails to show that the type of discharge that he received was racially motivated or that he engaged in active ground combat while assigned in an infantryman military occupational specialty (MOS). Moreover, the records fails to show that he is entitled to additional awards that are not currently reflected on his Certificate of Release or Discharge (DD Form 214).

Army Regulation 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized. The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

Army Regulation (AR) 600-8-22 provides that to be eligible for the Combat Infantryman Badge, a soldier must be an Army infantry or special forces officer in the grade of colonel or below, or an Army enlisted soldier or warrant officer with an infantry or special forces military occupational specialty (MOS), who subsequent to 6 December 1941 has satisfactorily performed duty while assigned or attached as a member of a infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

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. 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.

2. The Board has noted the applicant and his counsel’s contentions. However, there is no evidence of record nor has the applicant submitted any evidence to show that he attended the Sergeants Major Academy and would have been promoted to the pay grade of E-9 had he remained on active duty.

3. Additionally, the applicant’s contention that he should be issued additional awards for service he would have performed, had he not been discharged is not only without merit but is purely speculation on his part. Accordingly, the Board finds no basis to grant him awards for which he was not recommended and did not earn. This includes his request to be awarded the CIB, as there is no evidence of record that shows that he ever engaged in ground combat while he was in an infantryman MOS.

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

___jpi___ __rjw ___ ____be__ DENY APPLICATION

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

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INDEX

CASE ID	AR2001051517
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2001/08/02
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 46	107.0000.0000
2. 302	129.0000.0000
3. 310	131.0000.0000
4.
5.
6.