IN THE CASE OF:
BOARD DATE: 25 November 2008
DOCKET NUMBER: AR20080013103
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 a second award of the Combat Infantryman Badge (CIB).
2. The applicant states that his second award of the CIB was not given for Operation Desert Shield/Storm, from December 1990 through May 1991. The qualifications for that award were the same as for his first award.
3. The applicant provides no additional evidence.
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 was inducted into the Army on 29 March 1968. He completed basic combat training and advanced individual training and was awarded MOS 11C (Indirect Fire Infantryman). He enlisted in the Regular Army on 10 August 1969.
3. The applicant served in Vietnam, where he was awarded the CIB.
4. The applicant was promoted to Master Sergeant, E-8, in MOS 11B (Infantryman) on 1 September 1989.
5. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was assigned as the First Sergeant of Company B, 5th Battalion, 16th Infantry, Fort Riley, KS, on 27 December 1988. On 3 January 1990, he was reassigned to Headquarters and Headquarters Company, 5th Battalion, 16th Infantry, Fort Riley, KS, as the First Sergeant.
6. The applicant's DA Form 2-1 shows he served in Saudi Arabia from 9 February 1991 through 8 May 1991.
7. The applicant's Noncommissioned Officer Evaluation Report (NCOER) for the period June 1990 through May 1991 shows he performed duties as a Company First Sergeant, MOS 11M (Fighting Vehicle Infantryman). Part IIIc (Duty Description, Daily Duties and Scope) stated he deployed to the Southwest Asia Theater of Operations as the First Sergeant of a Bradley Infantry Company. As such, he supervised the combat service support of 107 infantryman plus attachments in executing combat operations against an enemy force.
8. On 29 February 1992, the applicant retired. His DD Form 214 for the period ending 29 February 1992 shows, among other awards, that he was awarded one award of the CIB.
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB, and paragraph 8-6k specifies that for Operation Desert Storm individuals must have met the criteria in paragraphs 8-6b and c to be awarded the CIB during the period 17 January 1991 to 11 April 1991.
10. Paragraphs 8-6b and c of Army Regulation 600-8-22 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 and satisfactorily perform 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. It is recognized that the applicant was an infantryman assigned to an infantry unit during Operation Desert Storm.
2. However, the applicant's NCOER for the period ending May 1991 stated he supervised the combat service support of infantryman. There is no evidence to show that he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.
3. Regrettably, there is insufficient evidence on which to base award of a second CIB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms during Operation Desert Storm.
_______ _ 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.
ABCMR Record of Proceedings (cont) AR20080013103
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080013103
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090016022
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his awards for Operation Desert Shield/Desert Storm, to include the Valorous Unit Award, Combat Infantryman Badge, Kuwait Liberation Medal - Saudi Arabia, Kuwait Liberation Medal - Kuwait, and the Southwest Asia Service Medal. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the...
ARMY | BCMR | CY2003 | 2003090958C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show that he was awarded the Army Commendation Medal (ARCOM), the Overseas Service Ribbon (OSR), and the Combat Infantryman Badge (CIB). Although the applicant had an infantry MOS and served in an infantry unit during Operation Desert Storm, there are no orders awarding him...
ARMY | BCMR | CY2003 | 2003088100C070403
The applicant states that he entered active duty on "18 May 1974" and served continuously until being discharged on 16 December 1991. The Board notes that the applicant was issued a DD Form 214, with an ending date of 16 December 1991, which shows he entered active duty on 30 May 1979. The evidence of record confirms the applicant was never issued a DD Form 214 for any period of his active duty service between 17 May 1974 and 29 May 1979.
ARMY | BCMR | CY2002 | 2002081908C070215
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. The Board considered the applicant's contention that he served in the Persian Gulf from 19 January 1991 through 12 May 1991 with the 1st Infantry Division...
ARMY | BCMR | CY2005 | 20050002282C070206
The applicant requests that he be awarded the Combat Infantryman Badge (CIB) and the Kuwait Liberation Medal (KLM), awarded by the Government of Kuwait. There are no orders in the applicant’s personnel records that show he was awarded the Combat Infantryman Badge. The evidence shows that the applicant was awarded the KLM.
ARMY | BCMR | CY2002 | 2002075373C070403
The applicant requests correction of his records to show the Combat Infantryman Badge, the Kuwait Liberation Medal and the Bronze Star Medal. The applicant states that the Combat Infantryman Badge was never placed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). Based on the foregoing, the applicant is not entitled to award of the Combat Infantryman Badge because he did not serve in an infantry duty position during Operation Desert Storm.
ARMY | BCMR | CY2002 | 2002070213C070402
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. There is no evidence in the...
ARMY | BCMR | CY2006 | 20060011399
x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests award of the Combat Infantryman Badge (CIB) or other Gulf War medals added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in...
ARMY | BCMR | CY2002 | 2002083329C070215
EVIDENCE OF RECORD : The applicant's military records show: There is no evidence in the applicant's service personnel records which shows that he served in an infantry military occupational specialty (MOS) during his assignment in Southwest Asia. Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2005 | 20050003261C070206
The evidence of record confirms the applicant was awarded the MSM and ARCOM during his active duty tenure, as evidenced by entries in Item 9 of the applicant’s DA Form 2-1 and documents on file in his MPRJ. In this case, the award documents on file in the applicant’s record confirm he served in the primary duty of driver during his assignment to SWA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the...