IN THE CASE OF:	  

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080007613 


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, in effect, that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that the CIB was awarded to all infantrymen in 3rd Infantry Division, and in 7th Corps, who actively participated in combat during Desert Shield/Desert Storm.  His DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 2 September 1991, shows he participated in Desert Storm as an infantry Soldier in an infantry position and an infantryman company and was personally under fire during the required period of time and he performed his duties as a rifleman in an infantry squad while under fire.  

3.  He states, in effect, that the CIB and the Kuwait Liberation Medals (KLM) from Kuwait and Saudi Arabia were given to his adhoc unit after he was released from active duty.  These awards were not given to his adhoc unit in a timely manner because they were attached to 7th Corps.  Their organic units decided it was 
7th Corps responsibility to handle the paperwork generated during their attachment to them.  It took several months for the orders to catch up with his unit which was already dispersed back to their organic units.  The only awards they were given after arriving back in Germany was the Southwest Asia Service Medal, with one bronze service star, (which is shown on his DD Form 214) and the 7th Corps and 3rd Infantry Division Shoulder Sleeve Insignia for combat service.


4.  He adds that he was sent with an adhoc infantry company drawn from the 2nd Infantry Battalion, 30th Infantry Regiment; 5th Battalion, 15th Infantry Regiment; and the 2nd Battalion, 15th Infantry Regiment, 3rd Infantry Division, USAREUR (United States Army Europe); and attached to 7th Corps (VII Corps) in Southwest Asia during Desert Shield/Desert Storm for the period 15 February 1991 to 15 March 1991 as his DD Form 214, dated 2 September 1991, verifies.

5.  The applicant provides a copy of his DD Form 214, dated 2 September 1991, in support of his request.

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 record shows he enlisted on 3 September 1987.  He was trained as a Fighting Vehicle Infantryman, in military occupational specialty (MOS), 11M.  He was promoted to pay grade E-4 on 16 November 1989.

3.  The applicant served until he was honorably released from active duty on 2 September 1991.  He was transferred to a troop program unit (TPU).

4.  The applicant’s DD Form 214, dated 2 September 1991, shows he was awarded the Army Service Ribbon; the Overseas Service Ribbon; the Southwest Asia Service Medal, with one bronze service star; the Army Achievement Medal; the National Defense Service Medal; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-16); and the Expert Marksmanship Qualification Badge, with Grenade Bar.  His DD Form 214 does not show the CIB as an authorized award.

5.  There are no orders in the applicant’s personnel records that show he was awarded the CIB during the SWA conflict.  


6.  Item 8 (Last Duty Assignment and Major Command), of his DD Form 214, shows his unit as Company C, 5th Battalion, 15th Infantry Regiment, USAREUR.

7.  Item 18 (Remarks), of the applicant's DD Form 214, shows the applicant served in Southwest Asia from 15 February 1991 to 15 March 1991 (1 month).

8.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the CIB.

9.  The applicant’s DA Form 2-1 (Personnel Qualification Record – Part II), covering the period 3 September 1977 to 2 September 1991, is unavailable for review to show that he served as an infantryman in an infantry unit while serving in Southwest Asia.

10.  On 31 January 1995, the applicant enlisted in the Pennsylvania Army National Guard (PAARNG) in pay grade E-4.  He continued to serve until he was honorably separated on 30 January 1996. 

11.  Army Regulation 600-8-22 provides that for award of the CIB, a Soldier must meet basically three requirements:  a.) the Soldier must be an infantryman satisfactorily performing infantry duties, b.) he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and c.) he must actively participate in such ground combat.

12.  Paragraph 8-6, of the above regulation specifies that a soldier must have been 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.  The unit in question can be of any size smaller than brigade.  For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB.  Battle or campaign participation credit alone is not sufficient; the regulation emphasizes that the unit must have been in active ground combat with the enemy during the period.

13.  The above-cited regulation also specifies, in paragraph 8-6b(5)e, that for the Southwest Asia Conflict, retroactive awards of the CIB are not authorized.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant held an infantry MOS, and he was deployed to Southwest Asia from 15 February 1991 to 15 March 1991 (1 month). However, there is no evidence, and the applicant has provided none to show he actively participated in ground combat with the unit while he was deployed to Southwest Asia.

2.  The ADCARS failed to show that orders were published awarding the applicant the CIB for his service in SWA from 15 February 1991 to 15 March 1991.  

3.  Notwithstanding the above, AR 600-8-22, paragraph 8-6b(5)e, is very clear that retroactive awards of the CIB will not be authorized.

4.  In view of the foregoing, there is no basis for granting the applicant's request to award him the Combat Infantryman Badge for his service during Operation Desert Shield/Desert Storm and to add it to his DD Form 214 with an effective date of 2 September 1991.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ____x___  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.




 _   _______ 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)                                         AR20080007613



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ABCMR Record of Proceedings (cont)                                         AR20080007613



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