IN THE CASE OF:	  

		BOARD DATE:	    8 December 2009

		DOCKET NUMBER:  AR20090010553 


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 award of the Combat Infantryman Badge.

2.  The applicant states he deserves the award for being in the war.  He always thought he had one.

3.  The applicant provides no supporting 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 enlisted in the Regular Army on 13 October 1988, completed training, and was awarded the military occupational specialty (MOS) 19K (M1 Armor Crewman).

3.  On 1 March 1993, the applicant was discharged for misconduct for abuse of illegal drugs under the provisions of Army Regulation 635-200, chapter 14.  He had 4 years, 4 months, and 8 days of creditable service with 11 days of lost time.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 18 December 1990 through 1 June 1991.  The only MOS shown is 19K and his listed awards do not include the Combat Infantryman Badge.

5.  His DD Form 214 does not show the applicant was awarded the Combat Infantryman Badge.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge 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 8-6c to be awarded the Combat Infantryman Badge during the period 17 January 1991 to 11 April 1991.  These paragraphs state that there are basically three requirements for award of the Combat Infantryman Badge:

	a.  that an Army enlisted Soldier must have an infantry or special forces specialty;

	b.  that he satisfactorily performed infantryman duties while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during a period such unit was engaged in active ground combat; and

	c.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he deserves the Combat Infantryman Badge for being in the war.  He always thought he had one.

2.  The record does not contain and the applicant has not provided any official documentation to show that he was awarded an infantry MOS; that he satisfactorily performed 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; or that he was personally present and under hostile fire while serving in such a unit.  Therefore, the applicant is not shown to be entitled to award of the Combat Infantryman Badge.

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.



      _______ _   X_______   ___
               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)                                         AR20090010553



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ABCMR Record of Proceedings (cont)                                         AR20090010553



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