IN THE CASE OF: BOARD DATE: 9 July 2015 DOCKET NUMBER: AR20140019620 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 he be awarded the Combat Infantryman Badge (CIB). 2. The applicant states that he was never issued orders for the CIB while serving as a squad leader and master gunner in Iraq/Kuwait during the Gulf War. He goes on to state that he served in combat and orders were issued at Fort Stewart, Georgia with an incorrect first name; however, the social security number (SSN) was correct. 3. The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record). 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 24 November 1981. He completed his one station training as an infantryman and airborne training at Fort Benning, Georgia. He remained on active duty through a series of continuous reenlistments and served tours in Korea, Germany and 4 months in Saudi Arabia. He was promoted to the pay grade of E-7 on 1 February 1992. 3. On 27 November 1996, while stationed at Fort Lewis, Washington, the applicant was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct. He had served 15 years and 6 days of active service and his DD Form 214 issued at the time of his discharge does not reflect the award of the CIB. 4. A review of his official records failed to reveal any orders awarding the applicant the CIB or any evidence showing that he engaged the enemy while serving in an infantry unit in Iraq/Kuwait. 5. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 contention that he should have been awarded the CIB for his participation in the Gulf War has been noted; however, he has failed to show through the evidence of record and the evidence submitted with his application sufficient evidence to show that he served in active ground combat during his deployment. 2. While the applicant claims that orders were published that contained his SSN, he has not provided a copy of those orders and his records do not contain them. 3. Therefore, in the absence of orders awarding him the CIB or evidence to show that he did in fact engage the enemy in combat, there appears to be no basis to award him the CIB at this time. 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) AR20140019620 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140019620 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1