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Decision Text

ARMY | BCMR | CY2001 | 2001058409C070421
Original file (2001058409C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 13 DECEMBER 2001
         DOCKET NUMBER: AR2001058409

         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. Gale J. Thomas Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Mark D. Manning Member
Ms. Regan K. Smith 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: In effect, that his records be corrected to reflect award of the Combat Infantryman Badge.

APPLICANT STATES: He states the award is not reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty). In support of his request he submits a DA Form 1577 (Authorization for Issuance of Awards), which indicates that he was authorized issuance of the Combat Infantryman Badge by an official at the U.S. Army Reserve Personnel Command in April 2001.

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

The applicant enlisted in the Regular Army on 3 May 1990 for a period of
2 years.

On 27 August 1990, the applicant was awarded MOS (Military Occupational Specialty) 11C (Indirect Fire Infantryman).

On 3 January 1992, he was honorably discharged under the provisions of Army Regulation 625-200, chapter 5, for the convenience of the Government. His DD From 214 indicates that he served in Southwest Asia between January and June 1991 where he was awarded the Southwest Asia Service Medal. It also indicates that the applicant was assigned to an armor unit in Europe at the time of his separation from active duty.

On 16 April 2001, an official at the U.S. Army Reserve Personnel Command in St. Louis authorized issuance of the CIB.

Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB. That paragraph states 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 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. Awards of the CIB are confirmed in orders, which are issued by the appropriate awards authority.

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, nor has he provided documentation that he was assigned to an infantry unit, which was engaged in active ground combat with the enemy. The applicant has provided no evidence that orders were issued awarding him the CIB.

2. The applicant submitted a DA Form 1577 as the sole basis for his entitlement to award of the CIB. However, there is no evidence to support the issuance of the award. Had the applicant in fact been authorized the badge, orders would have been published confirming his entitlement to the badge.

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 to show that there was an error or injustice in this case.

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

__SAC __ __MDM _ __RKS __ DENY APPLICATION




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




INDEX

CASE ID AR2001058409
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20011213
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. 107.00
2.
3.
4.
5.
6.


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