IN THE CASE OF:	  

		BOARD DATE:	        14 APRIL 2009

		DOCKET NUMBER:  AR20080018488 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, the Combat Infantryman Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he deployed to Iraq in support of Operation Iraqi Freedom on 20 March 2003.  He was awarded a Combat Infantryman Badge in theater and told the “official award” would be made in the United States upon redeployment.  He returned to the United States on 19 September 2003 and discharged before his unit returned.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant served in the Regular Army (RA) from 22 March 2001 through 15 January 2004.  Following One-Station Unit Training (OSUT), he was awarded military occupational specialty (MOS) 11B (Infantryman) and assigned to the 1st Battalion, 41st Infantry, Fort Riley, KS.

3.  The applicant served in Iraq from 1 March 2003 through 9 September 2003 on a unit rotation.  He did not complete the rotation and was returned to the United States early due to a personality disorder.  He was honorably discharged on 15 January 2004 under the provisions of paragraph 5-13, Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations) by reason of a personality disorder.

4.  The applicant’s DD Form 214 does not show he was awarded a Combat Infantryman Badge.

5.  The applicant’s interactive Personnel Electronic Records Management System (iPERMS) records were reviewed; there is no record he was awarded a Combat Infantryman Badge.

6.  Neither the applicant’s Enlisted Record Brief (ERB), nor his DA Form 2-1 (Personnel Qualification Record) reflect award of the Combat Infantryman Badge.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Combat Infantryman Badge.  It states there are basically three requirements for award of the Combat Infantryman Badge.  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 eligibility requirements are that an Army enlisted Soldier must have an infantry or special forces specialty, must have 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.  Finally, “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 applicant requests the Combat Infantryman Badge be added to his DD Form 214.

2.  While the record shows the applicant was an infantryman assigned to an infantry unit, there is no evidence he “satisfactorily performed [his] duty” or that 
he was “…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.”

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

___X_____  ___X_____  ___X_____  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 for correction of the records of the individual concerned.



      ________XXX________________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080018488



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ABCMR Record of Proceedings (cont)                                         AR20080018488



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