IN THE CASE OF:
BOARD DATE: 16 SEPTEMBER 2008
DOCKET NUMBER: AR20080002979
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 award of the Combat Infantryman Badge (CIB).
2. The applicant states that he was awarded the CIB in Iraq, but it is not 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 30 November 2003, 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 record shows he enlisted in the Regular Army for a period of 2 years on 16 May 2001. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). He was honorably separated and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 30 November 2003. The highest rank/grade he attained during his military service was specialist (SPC)/
E-4.
3. The applicants records show he served in Iraq from 23 January 2003 to 16 July 2003. He was assigned to the 2nd Battalion, 7th Infantry, 3rd Infantry Division.
4. Item 13 (Decorations, Medals, Badges, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the National Defense Service Medal, the Army Commendation Medal, the Good Conduct Medal, the Army Service Ribbon, and the Army Lapel Button. Item 13 does not show award of the CIB.
5. There are no orders in the applicants personnel records to show that he was awarded the CIB.
6. Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show award of the CIB.
7. Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge (CIB). This regulation states that there are basically three requirements for award of the CIB. 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 specialty, satisfactorily performed duty while assigned or attached as a member of an infantry 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 primary duty, in a unit actively engaged in ground combat with the enemy. Commanders were not allowed to make any exceptions to this policy.
DISCUSSION AND CONCLUSIONS:
The applicant's infantry MOS and/or his service in Iraq are not in question. However, there is no evidence in the available records and the applicant did not submit substantiating evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy. In the absence of evidence
that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
___ XXX ___
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.
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