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ARMY | BCMR | CY2001 | 2001056775C070420
Original file (2001056775C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 2 August 200l
         DOCKET NUMBER: AR2001056775

         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. W. E. Schnupp. 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)


APPLICANT REQUESTS: That his DD Form 214, Certificate of Release or Discharge, be corrected to show that he was awarded the Combat Infantryman Badge (CIB), a BSS (probably meaning a bronze service star to his Southwest Asia Service Medal (SWASM)) and military occupational specialty (MOS) 11M certification as a Bradley vehicle operator.

APPLICANT STATES: That his DD Form 214 does not reflect the CIB, and an additional bronze service star on his SWASM or that he was certified as a Bradley operator MOS11M (Note: MOS 11M is actually a Fighting Vehicle Infantryman).

Although he contends that he is sending orders showing he was awarded the CIB, there were no documents included with his application.

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

He reentered the active Army on 31 August 1989 with over two years and 9 months of prior active service and two years and four months of inactive service. He was trained as an Infantryman, MOS 11B, rose to the grade of sergeant and was honorably discharged on 30 November 1994.

His awards include the Army Service Ribbon, the National Defense Service Medal, the Army Lapel Button, the Good Conduct Medal with two loop Clasp, the Army Achievement Medal, the Expert Infantryman Badge, the NCO Professional Development Ribbon, the SWASM with three Bronze Service Stars, the Expert Badge with Rifle Bar, the Kuwait Liberation Medal and the Overseas Service Ribbon.

The CIB is not shown as an authorized award. Nor, is there any indication in the records that he is entitled to another Bronze Service Star (to the SWASM) or that he was trained in or awarded the MOS for a Fighting Vehicle Infantryman (MOS 11M).

Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Orders are published to authorize the CIB.

The same regulation provides that service stars are worn on campaign and service ribbons to denote an additional award. Service stars are authorized for wear on the SWASM.

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 has provided no evidence and the available records contain no evidence showing that he was awarded the CIB or MOS11M. Likewise, there is no evidence that he is entitled to another Bronze Service Star for his SWASM. It should be noted that there were only three campaigns designated during the gulf war. Thus, three is the maximum number of service stars that could appear on the SWASM.

2. 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 satisfies this requirement.

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

___rjw___ ___bje___ ___jpi __ DENY APPLICATION



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




INDEX

CASE ID AR2001056775
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010802
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. 100.05
2. 107.00
3.
4.
5.
6.


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