| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That his records be corrected to reflect his awards of the Combat Infantryman Badge (CIB) and the Army Commendation Medal (ARCOM).
APPLICANT STATES: That he was awarded the CIB and the ARCOM; however, they were omitted from his report of separation (DD Form 214).
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 23 August 1989, for a period of 4 years, training in an infantry career management field, a cash enlistment bonus and assignment to the Continental United States. He successfully completed his training at Fort Benning, Georgia, and was transferred to Fort Riley, Kansas, for duty as an indirect fire infantryman with the 2d Battalion, 16th Infantry.
On 8 January 1991, he deployed with his unit to Saudi-Arabia in support of Operation Desert Storm/Shield. He remained there in a temporary duty status until he was returned to Fort Riley on 12 May 1991. He was advanced to the pay grade of E-4 on 24 October 1991.
On 22 August 1992, he was honorably released from active duty, per his request, under the Fiscal Year 1992 Early Transition Program. He had served 3 years of total active service and was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Lapel Button, the Southwest Asia Service Medal with three bronze service stars, and the Kuwait Liberation Medal.
A review of the applicant’s records fails to show any evidence that he was awarded the CIB or ARCOM.
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.
That regulation also provides the criteria for award of the CIB. It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.
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 applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that during his assignment he performed the duties of an infantryman while engaged in ground combat against the enemy. Therefore, in the absence of evidence to the contrary, it must be presumed that in accordance with the applicable regulations governing award of the CIB, he is not entitled to be awarded that badge.
3. The applicant has also failed to show through evidence submitted with his application or the evidence of record that he was awarded the ARCOM, accordingly there is no basis to add that award to his records at this time.
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
___rks __ __wtm___ __clg____ DENY APPLICATION
| CASE ID | AR2002066576 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/04/02 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 66 | 107.0020/ARCOM |
| 2. 157 | 107.0111/CIB |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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