RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20050018044


      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             |
|     |Mr. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 correction to his records to show the award of
the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was attached to Headquarters
Company 5th Battalion, 5th Cavalry, 3rd Armored Division when they attacked
Iraq during the Desert Storm War.  He further states that he was made aware
of the omission of the award from his records when his unit was dissolved.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 September 1991, the date of his release from active
duty.  The application submitted in this case is dated 12 December 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 record shows that he entered active duty on 10 August
1988.  He completed basic combat training and advanced individual training
and was awarded the military occupational specialty (MOS) 11H10 (Heavy Anti-
Armor Weapons Infantryman), and served in Southwest Asia during the period
16 December 1990 to 20 May 1991.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not show award of the Combat Infantryman Badge.





5.  There are no orders in the available records which show the applicant
was awarded the Combat Infantryman Badge.

6.  The applicant's record shows he served as a gunner of a M901 ITV
(Improved Tow Vehicle) Bradley tank, and a gunner and driver for a M113A2
APC (Armored Personnel Carrier) during numerous tactical deployments and
security patrols in Iraq.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge 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.  The Awards Branch of the U.S. Army Human
Resources Command (formerly known as the Total Army Personnel Command) has
advised, in similar cases, that during the Vietnam era the Combat
Infantryman Badge was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

8.  The applicant's record does not indicate entitlement to additional
awards and decorations not shown on his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction to his records to show the Combat
Infantryman Badge.

2.  The applicant's record shows he served as a gunner and a driver of an
ITV and APC in a Cavalry unit in Iraq during the Desert Storm War.
However, his record does not show that he served in active ground combat
while assigned or attached to an infantry unit of brigade, regimental or
smaller size.  Therefore, the evidence is insufficient for award of the
Combat Infantryman Badge in this case.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 September 1991; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
10 September 1994.  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

___jrm___  ____rch_  ___swf___  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.




                                  ______Jeanette R. McCants______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018044                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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