IN THE CASE OF: BOARD DATE: 1 December 2009 DOCKET NUMBER: AR20090012606 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge. 2. The applicant states that he earned this award during his first deployment to Iraq from 20 January 2003 to 26 August 2003 while attached to the 3rd Battalion, 7th Infantry, 3rd Infantry Division. He adds that his battalion commander issued a blanket order to all infantry Soldiers. 3. The applicant did not provide any additional documentary evidence in support of his request. 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's records show he enlisted in the Regular Army for a period of 3 years on 8 March 2002. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). He was honorably released from active duty in the rank/grade of specialist/E-4 on 30 April 2006 and transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation. 3. The applicant's records also show he served in Kuwait/Iraq from 20 January 2003 to 26 August 2003 and from 20 January 2005 to 24 January 2006. He was assigned to the 3rd Battalion, 7th Infantry, 3rd Infantry Division, Fort Stewart, GA. 4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 April 2006, shows he was awarded the Army Commendation Medal, the Presidential Unit Citation, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Iraq Campaign Medal. Item 13 does not show award of the Combat Infantryman Badge. 5. The applicant's records do not contain permanent orders awarding him the Combat Infantryman Badge. 6. The applicant's records further show he enlisted in the Georgia Army National Guard (ARNG) on 1 May 2006. He was subsequently ordered to active duty on 10 October 2006 and served in Kuwait/Iraq from 21 October 2006 to 13 April 2007. He was honorably released from active duty to the control of his ARNG unit on 8 May 2007. 7. Item 13 of the applicant's DD Form 214, dated 8 May 2007, shows he was awarded the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Overseas Service Ribbon (2nd Award), and the Armed Forces Reserve Medal with "M" Device. Item 13 does not show award of the Combat Infantryman Badge. 8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge. 2. The applicant's infantry MOS and his assignment to an infantry unit during his service in Iraq are not in question. However, his records do not contain permanent orders awarding him the Combat Infantryman Badge. Additionally, there is no evidence in the available records and the applicant did not submit sufficient evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy. 3. Notwithstanding the applicant's sincerity regarding his entitlement to this badge, in the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case. 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) AR20090012606 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090012606 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1