IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100015250


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 (CIB).

2.  The applicant states he was awarded the CIB while in Saudi Arabia for Operations Desert Shield and Desert Storm.

3.  The applicant provides his DD Form 214.

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 he enlisted in the Regular Army on 12 September 1989.  He completed one-station unit training and he was awarded military occupational specialty (MOS) 11M (Mechanized Infantryman).  The highest rank/grade he attained while serving on active duty was specialist/E-4.

3.  His records show he served in Southwest Asia for Operations Desert Shield and Desert Storm from 9 October 1990 to 16 April 1991.  During this time frame he was assigned to Company C, 1st Battalion, 5th Cavalry Regiment, 2nd Brigade, 1st  Calvary Division.

4.  He was honorably released from active duty on 22 February 1993 and he was transferred to the U.S. Army Reserve Control Group to complete his service obligation.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received the following:

* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal

6.  There are no official orders in his available records awarding him the CIB.

7.  A review of the available records does not show he was engaged in active ground combat while in Southwest Asia.

8.  Army Regulation 600-8-22 (Military Awards) provides that the CIB 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 during such time as the unit was engaged in active ground combat and they must have been present with their qualifying infantry unit and have participated actively in such ground combat.  Combat service or campaign credit alone is not sufficient to award the CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show the CIB has been carefully considered; however, there is insufficient evidence to substantiate his contention that he was previously awarded the CIB or that he met the regulatory criteria for entitlement to the award.

2.  His infantry MOS and assignment to an infantry unit are not in question.  However, there is no evidence in the available records and he did not submit any evidence to substantiate his engagement in active ground combat with an infantry unit of brigade or smaller size while in Southwest Asia.  Absent this evidence, there is insufficient evidence upon which to award the CIB 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 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)                                         AR20100000695



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ABCMR Record of Proceedings (cont)                                         AR20100015250



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