IN THE CASE OF:
BOARD DATE: 28 OCTOBER 2008
DOCKET NUMBER: AR20080013987
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 that he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, that he was involved in direct combat during his entire 9-month tour and he needs the award of the CIB to support his service-connected claim for Post-Traumatic Stress Disorder (PTSD).
3. The applicant provides a copy of his DD Form 214, a copy of orders awarding him the Operator S Badge, and two handwritten third party statements of support.
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 initially enlisted in the Regular Army on 9 November 1976 for a period of 3 years, training as an infantryman and assignment to Europe. He completed his training and was transferred to Germany on 15 May 1977.
3. He remained in Germany until he was returned to Fort Jackson, South Carolina and was honorably released from active duty on 29 October 1979, due to the short length of time remaining on active duty that precluded reassignment. He had served 2 years, 11 months and 21 days of total active service.
4. On 27 October 1987, he enlisted in the Florida Army National Guard (FLARNG) for a period of 3 years. He served as an automated logistics specialist and remained in the FLARNG through reenlistment.
5. On 11 October 1990, he was ordered to active duty in support of Operation Desert Shield/Storm. He deployed to Southwest Asia (SWA) on 29 November 1990 and served with the 325th Maintenance Company until 25 June 1991, when he was returned to Fort Stewart, Georgia.
6. On 3 August 1991, he was honorably released from active duty and was returned to his FLARNG unit location.
7. On 23 September 2002, he was honorably discharged from the FLARNG and was transferred to the United States Army Reserve Control Group (Retired).
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge, and paragraph 8-6k specifies that for the Persian Gulf War (Operation Desert Storm) individuals must have met the criteria in paragraphs
8-6b and c to be awarded the Combat Infantryman Badge during the period 17 January 1991 to 11 April 1991. These paragraphs 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, 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. 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. The applicants contention that he should be awarded the CIB for his service in SWA has been noted and found to lack merit.
2. The applicant was not serving in an infantry unit as an infantryman in SWA and there is no evidence to show that he engaged the enemy in combat in that capacity. Therefore, in the absence of evidence to show otherwise, there is no basis to award him the CIB.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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.
_______ _ 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) AR20080013987
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ABCMR Record of Proceedings (cont) AR20080013987
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