BOARD DATE: 13 September 2011 DOCKET NUMBER: AR20110004947 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 award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award. 2. The applicant states, in effect, that he served in Operation Desert Storm with the 82nd Airborne Division from 1990 to 1991; however, he was not present to be awarded the CIB. He further states he was presented with the Operation Desert Storm ribbon [Southwest Asia Service Medal], but not the CIB. 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. On 13 November 1986, the applicant enlisted in the Regular Army. He completed one-station unit training and he was awarded military occupational specialty (MOS) 11B (Infantryman). 3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Southwest Asia during Operations Desert Shield and Desert Storm, from 15 August 1990 to 1 April 1991. 4. His record contains a signed DA Form 2173 (Statement of Medical Examination and Duty Status) that indicates on 7 December 1990, while in the Kingdom of Saudi Arabia, he injured his right knee while participating in a unit sporting activity. This form further indicates he was medically evacuated to Fort Bragg, NC on 24 December 1990. 5. On 18 September 1991, he was honorably discharged by reason of physical disability with severance pay. The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4. 6. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB. 7. There are no official orders in his available record awarding him the CIB. 8. A review of the applicant's available record does not show he was engaged in active ground combat while serving in Southwest Asia. 9. 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. Combat service or campaign credit alone is not sufficient to award the CIB. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for award of the CIB and correction of his DD Form 214 to show this award was carefully considered; however, there is insufficient evidence to support his request. 2. The applicant's infantry MOS and assignment to an infantry unit are not in question. However, there is no evidence in the available record, and he did not submit any evidence, that substantiates his engagement in active ground combat with an infantry unit of brigade or smaller size while in Southwest Asia. Furthermore, the evidence of record shows he was medically evacuated to Fort Bragg, NC prior to the commencement of ground combat in January 1991. 3. In view of the foregoing, there is an insufficient basis to grant relief 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 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110004947 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1