RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 March 2008
DOCKET NUMBER: AR20070013956
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. William D. Powers
Member
Mr. Jerome L. Pionk
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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Combat Infantryman Badge.
2. The applicant states that he served in the infantry during his tour of duty in Afghanistan.
3. The applicant provides a copy of 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 20 February 2003, the applicant was ordered to active duty as a member of the Army National Guard, in support of Operation Enduring Freedom. His military occupational specialty was 11B3P (Infantryman with airborne qualification).
3. The applicant served in Afghanistan from 30 July 2003 to 26 April 2004. Available records do not provide his unit or duty assignment.
4. On 20 June 2004, the applicant was transferred back to the North Carolina Army National Guard. He was a staff sergeant, pay grade E-6 and had completed 1 year, 4 months, and 1 day of creditable active duty during this period of service.
5. Item 13 (Decorations, Medals, Badges, citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 lists his awards as the Soldiers Medal, Army Good Conduct Medal, Army Reserve Components Achievement Medal (3rd award), National Defense Service Medal, Armed Forces Expeditionary Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal and Mobilization, Armed Forces Reserve Medal, Noncommissioned Officers Professional Development Ribbon with Numeral 3, Army Service Ribbon, Senior Parachutist Badge, Drill Sergeant Identification Badge, and the Honduran Military Airborne Badge. It does not show award of the Combat Infantryman Badge.
6. On 30 June 2006, the applicant was transferred to the United States Army Reserve Control Group (Retired Reserve). He had completed 20 years of creditable service for retired pay.
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.
DISCUSSION AND CONCLUSIONS:
The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty. However, there is no available evidence showing that he was assigned to an infantry unit of brigade, regimental, or smaller size; or that he ever engaged in actual ground combat. Therefore, his request for award of the Combat Infantryman Badge should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JEA __ __WDP__ __JLP __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
____James E. Anderholm
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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