RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         30 March 2006
      DOCKET NUMBER:  AR20050012261


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Carol A. Kornhoff             |     |Member               |
|     |Mr. Rowland C. Heflin             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his request to be
awarded the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he served with the 82nd Airborne
Division and that this cannot be denied.  He claims to have pictures and a
former officer, who is now an attorney, can attest to the fact that members
of his unit were assigned to the 82nd Airborne and every driver was
assigned to an infantry platoon.

3.  The applicant provides Self-Authored Letters and CIB Information Paper
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20040008103, on 23 June 2005.

2.  During its original review of the applicant's case, the Board found
that the evidence of record showed the applicant served in the Pennsylvania
Army National Guard (PAARNG), and was trained in, awarded and served in
military occupational specialty (MOS) 88M (Motor Transport Operator), and
that he served with the 253rd Transportation Company during his assignment
in Southwest Asia (SWA).  The Board concluded that there was insufficient
evidence showing that the applicant served in an infantry MOS, in a
qualifying infantry unit, and was personally present and actively
participated with the unit while it was engaged in active ground combat.

3.  The applicant provides self-authored statements in which he claims that
he was attached to an infantry platoon of the 82nd Airborne Division while
serving in SWA as new evidence.

4.  The applicant's Personnel Qualification Record (DA Form 2-1) contains
entries in Item 6 (Military Occupational Specialties) that confirm his
primary MOS was 88M and his secondary MOS was 12B (Combat Engineer).  Item
35 (Record of Assignments) contains an entry that confirms that while he
was assigned to SWA (Saudi Arabia), the applicant was serving with the
253rd Transportation Company, performing duties in MOS 88M as an Assistant
Heavy Vehicle Driver.

5.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
 policy.  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.  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 MOS, 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.

DISCUSSION AND CONCLUSIONS:

1.  The veracity of the applicant's claim that he was attached to an
infantry platoon of the 82nd Airborne Division while serving in SWA is not
in question.  However, by regulation, assignment to a qualifying infantry
unit alone is not sufficient to support award of the CIB.  There must be
evidence that the member held and was serving in an infantry MOS, and that
he was personally present with the unit and actively participated while it
was engaged in ground combat with enemy forces.

2.  In this case, the applicant's record confirms he held the MOS 88M, and
that he was assigned to a Transportation unit while serving in SWA.  The
fact that he may have been attached to the 82nd Airborne Division, most
likely as a driver, does not alone provide a basis to support awarding him
the CIB.  As a result, it is concluded that the regulatory burden of proof
necessary to support award of the CIB has still not been satisfied in this
case.  Therefore, there is an insufficient evidentiary basis to support
amendment of the Board's original decision in this case.

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 that would satisfy this requirement.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JTM _  ___CAK _  __RCH__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR20040008103, dated 23 June 2005.




                                  _____John T. Meixell   ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050012261                           |
|SUFFIX                  |                                        |
|RECON                   |2005/06/23 /  AR20040008103             |
|DATE BOARDED            |2006/03/30                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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