IN THE CASE OF:	  

		BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100013565 


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, correction of his records to add the Combat Infantryman Badge (CIB).

2.  The applicant states that he earned the CIB it should be reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant submits no additional documents in support of this application.

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 on 27 June 1990.  Upon completion of initial entry training, he was awarded MOS 11M (Fighting Vehicle Infantryman).
3.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 30 December 1990 to 13 June 1991.  Item 35 (Record of Assignments) of this form shows his primary duty during this period was as an Automatic Rifleman with Company A, 3rd Battalion, 5th Cavalry Regiment.

4.  On 30 March 1995, the applicant was discharged from active duty under honorable conditions (general).  He completed a total of 4 years, 9 months, and 
4 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Good Conduct Medal, Southwest Asia Service Medal (3rd award), Army Service Ribbon, Overseas Service Ribbon (2nd award), Kuwait Liberation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

5.  His record is void of any evidence and he has not provided any evidence showing he was an infantryman satisfactorily performing infantry duties, while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and that he actively participated in such ground combat.  

6.  Army Regulation 600-8-22 (Military Awards) 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.  

DISCUSSION AND CONCLUSIONS:

The available evidence shows the applicant served in an infantry MOS in an infantry unit.  However, the evidence does not show that he engaged in active ground combat while serving with his unit.  Regrettably, there is insufficient evidence on which to base 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)                                         AR20100013565



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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