RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 November 2007
	DOCKET NUMBER:  AR20070009250 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry C. Bergquist

Member

Mr. Dale E. DeBruler

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 of his military records to show award of the Army Commendation Medal and the Combat Infantryman Badge.

2.  The applicant states that he served in Southwest Asia with VII Corps during Operation Desert Storm from 17 January 1991 to 28 February 1991.  He further adds that he was awarded the Combat Infantryman Badge after his separation and that he was also awarded the Army Commendation Medal and has a copy of the orders and certificate, and that neither award is shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

3.  The applicant provides a copy of his DD Form 214, dated 24 February 1992;
a copy of Permanent Orders 002-009, dated 30 May 1991, showing he was awarded the Army Commendation Medal; and a copy of the award certificate in support of this application.

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's records show that the applicant enlisted in the Regular Army on 2 August 1989.  Records further show that the applicant completed advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).  The applicant served in Southwest Asia (SWA) during the period 17 January 1991 through 3 March 1991.  He was honorably released from active duty on 24 February 1992 in accordance with paragraph 16-5b of Army Regulation 635-200 (Personnel Separations).

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Army Commendation Medal or the Combat Infantryman Badge.
4. The applicant's DA Form 201 (Military Personnel Records Jacket), DA Form
2-1 (Personnel Qualification Records), and DA Form 2A (Personnel Qualification Record) are not available for review in this case.

5.  The applicant provided a Department of the Army Certificate for award of the Army Commendation Medal, dated 26 June 1991.  This certificate shows that the applicant was awarded the Army Commendation Medal for meritorious service while with the 2nd Battalion, 16th Infantry, during Operation Desert Storm from 17 January 1991 to 3 March 1991.  This certificate is authenticated by a brigade level commander and contains the order number 002-009.

6.  The applicant also provided a copy of Permanent Orders 002-009, dated
30 may 1991, awarding him the Army Commendation Medal for meritorious service during the period 17 January 1991 to 3 March 1991.  The Orders were authenticated by the Adjutant, 2nd Brigade, 1st Infantry Division.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge, and paragraph 8-6k specifies that for the Persian Gulf War (Operation Desert Storm) individuals must have met the criteria in paragraphs   8-6b and c to be awarded the Combat Infantryman Badge during the period 17 January 1991 to 11 April 1991.  These paragraphs state that there are basically three requirements for award of the Combat Infantryman Badge.  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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or Special Forces primary duty, in a unit actively engaged in ground combat with the enemy.

DISCUSSION AND CONCLUSIONS:

1.  Orders show that the applicant was awarded the Army Commendation Medal for meritorious service during the period 17 January 1991 to 3 March 1991.  Therefore, his records should be corrected to show this award.


2.  Evidence of record shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size.  However, the applicant has not provided sufficient evidence showing that he was directly involved in active ground combat.  As a result the applicant does not meet the criteria for award of the Combat Infantryman Badge. In the absence of evidence to the contrary, there is no basis to grant the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__mkp___  __lcb___  __ded___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Army Commendation Medal and adding this award to his separation document.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Combat Infantryman Badge.



							Margaret K. Patterson
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070009250
SUFFIX

RECON

DATE BOARDED
20071115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.