BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090013787 


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 his records be corrected to show his combat service in Southwest Asia (SWA).  He also requests award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he served in SWA and was assigned to 2nd Battalion, 5th Calvary, which was out of Fort Hood, TX from 12 August 1990 through June 1991 (during Operation Desert Storm).  He also states that he served in military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman) and that his secondary MOS was 11B (Infantryman).  

3.  The applicant provides in support of his application a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a copy of his DD Form 2-1 (Personnel Qualification Record (PQR)).

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 record shows that he enlisted in the Regular Army on 6 June 1989.  He completed the training requirements and he was awarded MOS 11M.

3.  Item 5 (Overseas Service) of the applicant's PQR shows he served in SWA from 16 October 1990 to 20 April 1991 and Item 18 (Remarks) of his DD Form 214 shows that he served in SWA from 16 October 1990 to 20 April 1991.  

4.  On 5 June 1992, the applicant was honorably discharged and transferred to the U.S. Army Reserve Control Group.  He had completed 3 years of active military service.  The DD Form 214 he was issued shows he was awarded the National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Army Service Lapel Button, Southwest Asia Service Medal with 2 bronze service stars, and the Kuwait Liberation Medal.  The DD Form 214 does not show the CIB as an authorized award.

5.  Army Regulation 600-8-22 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's record to include his DD Form 214 appropriately shows that he served in SWA from 16 October 1990 to 20 April 1991.  Therefore, no additional entries are required.  

2.  The available evidence shows the applicant served in MOS 11M.  There is no evidence that he was ever assigned MOS 11B.  Neither is there any evidence that he was assigned to an infantry unit at which time the unit was engaged in active ground combat, and that he was present and involved in direct ground combat with the enemy.  Therefore, there is insufficient evidence to show he meets the eligibility criteria for award of the CIB.


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)                                         AR20090013787



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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