Mr. Carl W. S. Chun | Director | |
Mr. G. E. Vandenberg | Analyst |
Ms. Irene N. Wheelwright | Chairperson | |
Mr. Arthur A. Omartian | Member | |
Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: That his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge (CIB).
APPLICANT STATES: In effect, that he earned the CIB for service in Southwest Asia from 7 October 1990 through 16 April 1991.
EVIDENCE OF RECORD: The applicant's military records show that:
The applicant entered active duty on 22 April 1986. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman, now know as Mechanized Infantryman).
The applicant's DA Form 2-1 (Personnel Qualification Record) shows the following pertinent items:
1. Item 4 (Assignment Consideration) shows that the applicant received a Selective Reenlistment Bonus, as an 11M, for the period of 7 March 1989 through 6 March 1993.
2. Item 5 shows his overseas service as Germany from 24 October 1986 through 10 April 1989 and Southwest Asia-Saudi Arabia from 7 October 1990 through 16 April 1991.
3. Item 6 (Classification and Assignment Data) lists only the MOS of 11M10.
4. Item 9 (Awards, Decorations & Campaigns) shows his entitlement to award of the Army Commendation Medal, the Army Achievement Medal with one oak leaf cluster, the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Southwest Asia Service Medal with 3 bronze service stars, the Kuwait Liberation Medal, the Sharpshooters Qualification Badge with Grenade Bar, and the Marksman Qualification Badge with Rifle Bar.
5. Item 27 (Remarks) notes that the applicant served in an imminent danger pay area (Saudi Arabia) from 7 October 1990 through 16 April 1991.
6. Item 35 (Current and Previous Assignments) shows his duty MOS as 11M from 29 October 1986 through 19 June 1989. On 20 June 1989 his duty MOS is shown as a 71L (Clerk Typist) with his being attached to Headquarters, Headquarters Company 1st Battalion, 5th Infantry Regiment, 1st Cavalry Division. There are no additional entries in this section until the notation that he received an Honorable Discharge on 7 April 1992 by reason of physical disability with severance pay.
The applicant's record contains a copy of Headquarters, 2nd Brigade, 1st Cavalry Division Permanent Orders 36-12, showing that the applicant was awarded the Army Commendation Medal for meritorious service, for the period of 17 January 1991 through 3 March 1991, while attached to Company A, 1st Battalion, 5th Infantry Regiment, 1st Cavalry Division.
Army Regulation 600-8-22, paragraph 8-6 sets forth the Army policy and procedures for award of the CIB. In effect, that paragraph states that there are three basic requirements for award of the CIB. The enlisted soldier must have an infantry specialty, they must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and they must be personally present and under hostile fire while serving in that unit. For award of the CIB during operation in the Persian Gulf War service must have been between 1 January 1991 and 11 April 1991.
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 Board is unable to determine whether or not the applicant is entitled to CIB for his service during the Persian Gulf War. The Board has not been able to locate any evidence nor has the applicant provided any documentation on what unit he was attached to or in what capacity he served during this period.
2. In the absence of evidence to the contrary, it is presumed that the DD Form 214 is correct and that the applicant is not entitled to the CIB.
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.
INDEX
CASE ID | AR2002068657 |
SUFFIX | |
RECON | |
DATE BOARDED | 20020827 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 107.0111 |
2. | |
3. | |
4. | |
5. | |
6. |
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