PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2003
         DOCKET NUMBER: AR2003088100


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Stanley Kelley		Chairperson
Mr. Christopher J. Prosser		Member
Mr. John T. Meixell		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests award of the Combat Infantryman Badge (CIB). He also requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he entered active duty on "18 May 1974."

3. The applicant states that he entered active duty on "18 May 1974" and served continuously until being discharged on 16 December 1991. He claims that his DD Form 214 does not correctly reflect his total active service. He also states that he served with the 1st Battalion, 16th Infantry, in Germany and participated in Operation Desert Storm in November 1989. He contends that other soldiers he served with in this unit received the CIB. In support of his application, he submits a copy of his DD Form 4/1 (Enlistment/Reenlistment Document) and a copy of his DD Form 214.

4. The applicant’s military records show that he served in the Army National Guard from 20 March 1971 through 19 August 1971. He enlisted in the Regular Army and entered active duty on 17 May 1974. He completed the required training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman), and he was discharged for the purpose of immediate reenlistment on 27 November 1975. His personnel records do not contain a DD Form 214 that covers this period of active duty service.

5. The applicant reenlisted on 28 November 1975 and continuously served on active duty until being honorably discharged for the purpose of immediate reenlistment on 29 May 1979. His personnel records do not contain a DD Form 214 covering this period of active duty service. On 30 May 1979, he reenlisted and he continued to serve on active duty through a series of reenlistments until being honorably discharged on 16 December 1991.

6. The applicant’s record also shows that he served in Southwest Asia from 5 December 1990 through 11 February 1991. However, the record contains no orders awarding him the CIB. His DA Form 2-1 (Personnel Qualification Record) confirms that while serving in Southwest Asia, he performed duties as an infantryman in MOS 11B with the 1st Battalion, 16th Infantry. However, there is no evidence showing that he personally participated with this unit while it was engaged in active ground combat.

7. The applicant's DD Form 214, with an ending date of 16 December 1991, shows that he entered active duty on 30 May 1979 and completed a total of
12 years, 6 months, and 17 days of active duty service during the period covered by the report.

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8. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. It also states that effective 1 October 1979, DD Form 214’s would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued.

9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB, and paragraph 8-6k specifies that for the Persian Gulf War (Operation Desert Storm) individuals must have met the criteria in paragraphs 8-6b and c to be awarded the CIB during the period 17 January 1991 to 11 April 1991. These paragraphs state 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. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

CONCLUSIONS:

1. The evidence of record shows the applicant enlisted in the Regular Army on 17 May 1974, and that he continuously served on active duty through reenlistments until being honorably discharged on 16 December 1991.

2. The Board notes that the applicant was issued a DD Form 214, with an ending date of 16 December 1991, which shows he entered active duty on 30 May 1979. However, no separation documents were issued for his prior periods of active duty service.

3. By regulation, a DD Form 214 should cover the entire period of active duty for which a previous DD Form 214 was not issued. The evidence of record confirms the applicant was never issued a DD Form 214 for any period of his active duty service between 17 May 1974 and 29 May 1979. Therefore, the Board concludes it would be appropriate to correct his 16 December 1991 DD Form 214 by amending item 12c (Net Active Service This Period) to show "17 years,
7 months, and 0 days;" and item 12d (Total Prior Active Service) to show "0 years, 3 months, and 29 days.

4. The Board notes the applicant's contention that he served with the 1st Battalion, 16th Infantry, in support of Operation Desert Storm and that other soldiers in this unit were awarded the CIB. However, there is no evidence of record and the applicant has provided no evidence that shows that he was awarded the CIB.

5. Although the applicant's DA Form 2-1 shows that he held an infantry MOS and that he served as an infantryman with the 1st Battalion, 16th Infantry, there is no evidence to show he actively participated and was personally present with this qualifying infantry unit while it was engaged in active ground and was under hostile fire. Therefore, the Board finds there is insufficient evidence to satisfy the regulatory criteria necessary to support award of the CIB.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by amending item 12a on the DD Form 214 with an ending date of 16 December 1991 to read "1974 05 17;"

b. by amending item 12c (Net Active Service This Period) to read "17 years, 7 months, and 0 days;" and

c. by amending item 12d (Total Prior Active Service) to read "0 years, 3 months, and 29 days;

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

SK_____ CJP_____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Stanley Kelley________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088100
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030911
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0111
2.	100.0000
3.
4.
5.
6.