RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         20 JULY 2006
      DOCKET NUMBER:  AR20050014783


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Williams Powers               |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William Crain                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, the award of the Combat Infantryman
Badge (CIB).

2.  The applicant states the award of the CIB was overlooked and not placed
on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant does not provide any evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 October 1992.  The application submitted in this case
is dated     12 September 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show he enlisted in the Regular Army
on        2 October 1989.  After completion of basic and advance individual
training he was awarded military occupational specialty (MOS) 11M (Fighting
Vehicle Infantryman).  He served in Southwest Asia from 18 December 1990 to
20 May 1991.  The applicant was honorably discharged on 14 October 1992.

4.  There is no evidence or any orders awarding the applicant the Combat
Infantryman Badge.  There is also no evidence to show that the applicant
was assigned or attached to an infantry brigade while serving in Southwest
Asia and participated in active ground combat.

5.  Army Regulation 600-8-22 (Military Awards) provides that the Combat
Infantryman Badge 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 or
brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records to show that the
applicant should be awarded the CIB.  There is no evidence that the
applicant served in an infantry unit of regimental size or smaller in
active ground combat, which is required by regulation for award of the CIB.
 In view of this fact, there is insufficient basis for award of the Combat
Infantryman Badge.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 October 1992; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on           13 October 1995.  The applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WP__  ___MT __  __WC___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.


                                  _____ William Powers________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050014783                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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