IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100019849 


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 that his award of the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he was awarded the CIB in May 1991; however, it was not included on his DD Form 214 at the time of his release from active duty (REFRAD).  He also states he desires that it be added to his DD Form 214 because he is applying for a combat infantryman license plate.

3.  The applicant provides a copy of 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 enlisted in the Regular Army on 21 April 1988 for a period of 4 years and training as an infantryman.  He completed one-station unit training as a heavy anti-armor weapons infantryman at Fort Benning, Georgia, and was transferred to an infantry company in Germany on 5 August 1988.

3.  He deployed to Saudi Arabia from 2 January to 20 May 1991 and was then returned to his unit in Germany.

4.  On 11 September 1991, he was honorably REFRAD after 3 years, 4 months, and 21 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Service Ribbon, the National Defense Service Medal, the Southwest Asia Service Medal with two bronze service stars, the Overseas Service Ribbon, the Expert Infantryman Badge, and his marksmanship qualification badges.

5.  A review of his official records failed to show the applicant was awarded the CIB.

6.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  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:

1.  While the sincerity of the applicant's claim that he was awarded the CIB during his deployment to Southwest Asia in May 1991 is not in doubt, there is no evidence of record and he failed to submit evidence to support his contention.

2.  In the absence of orders to show he was, in fact, awarded the CIB as he contends, there appears to be no basis to grant his request at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  However, the Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by himin service to the United States during the Gulf War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20100019849



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100019849



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1