IN THE CASE OF:
BOARD DATE: 11 June 2008
DOCKET NUMBER: AR20080001787
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), to show award of the Combat Infantryman Badge.
2. The applicant states that his unit was awarded the Combat Infantryman Badge during Operations Desert Shield/Storm, but it is not shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, dated 17 December 1991, in support of his 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 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. The applicant's records show that he enlisted in the Regular Army for a period of 3 years on 28 October 1987. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). He also reenlisted for a period of 5 years on 13 March 1990. The highest rank he attained during his military service was specialist (SPC). He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 17 December 1991.
3. The applicants records show that he served in Southwest Asia in support of Operations Desert Shield/Storm from 8 September 1990 to 7 April 1991. He was assigned to Headquarters and Headquarters Company, 3rd Battalion, 501st Infantry Regiment, 101st Airborne Division (Air Assault).
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Service Ribbon, the Good Conduct Medal, the National Defense Service Medal, the Southwest Asia Service Medal with two bronze service stars, the Overseas Service Ribbon, the Army Achievement Medal (1st Oak Leaf Cluster), and the Kuwait Liberation Medal. Item 13 does not show award of the Combat Infantryman Badge.
5. Headquarters, 101st Airborne Division (Air Assault), Permanent Orders 115-005, dated 26 April 1991, show the applicant was awarded the Combat Infantryman Badge for service during the period 25 February 1991 through 5 March 1991.
DISCUSSION AND CONCLUSIONS:
Permanent orders awarded the applicant the Combat Infantryman Badge which is not shown on his records; therefore, he is entitled to correction of his records to show this award.
BOARD VOTE:
___X___ ____X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 Combat Infantryman Badge in Item 13 of the applicant's DD Form 214, dated 17 December 1991.
_________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) AR20080001787
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ABCMR Record of Proceedings (cont) AR20080001787
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