IN THE CASE OF:	  

		BOARD DATE:	        2 December 2008

		DOCKET NUMBER:  AR20080014932 


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 his record be corrected to show his award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he was awarded the CIB for his wartime service.  He also states that he is an infantryman who worked hard and encountered pain by going to war and it would be an honor for his record to reflect his entitlement to the CIB. 

3.  The applicant provides a copy of his separation document (DD Form 214) 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 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 military records are not available to the Board and this case is being considered using the DD Form 214 provided by the applicant and a reconstructed National Personnel Records Center (NPRC) file.  

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army and entered active duty on 6 April 1989.  It also shows that he continuously served until he was released from active duty (REFRAD) on 15 May 1992 and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

4.  The DD Form 214 issued to the applicant on 15 May 1992, shows he completed 3 years, 1 month, and 10 days of active military service.  Item 8a (Last Duty Assignment and Major Command) contains an entry which shows the applicant was assigned Company C, 1st Battalion, 32nd Armored Regiment and Item 11 (Primary Specialty) shows he held and was serving in military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman) at the time of his REFRAD.   

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he earned the following awards during his active duty tenure:  Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, Army Lapel Button, Southwest Asia Service Medal with 3 bronze service stars, and Kuwait Liberation Medal.

6.  Item 18 (Remarks) of the DD Form 214 shows that the applicant served in Southwest Asia from 7 October 1990 to 17 April 1991.  The applicant authenticated the DD Form 214 with his signature in Item 21 (Signature of Member Being Separated).

7.  There are no orders or other documents in the applicant’s NPRC file or provided by the applicant that shows he was ever assigned to an infantry unit, or that he was ever recommended for or awarded the CIB by proper authority while serving on active duty.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 8 of the award regulations contains guidance on award of combat badges.  It states, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB and the supporting evidence he submitted were carefully considered.  However, in order to support award of the CIB, there must be evidence not only that the member held an infantry MOS, but also that he was assigned to a qualifying infantry unit of brigade, regimental or smaller size, and that he was present and participated as an infantry Soldier with that unit at a time when it engaged in active ground combat with enemy forces.

2.  The evidence of record in this case shows that the applicant held an infantry MOS.  However, it also shows that he was last assigned for duty with an Armored unit.  There is no evidence to show that the applicant was ever assigned to an infantry unit while serving in combat, or that he ever actually participated with a qualifying infantry unit while it was actively engaged in active ground combat with enemy forces.  

3.  Further, there are no orders or other documents on file or provided by the applicant that show he was ever recommended for or awarded the CIB by proper authority during his active duty tenure.  The CIB is not included in the list of awards contained on his DD Form 214, which he authenticated with his signature on the date of his REFRAD.  In effect, his signature was his verification that the information contained on the separation document, to include the list of awards contained in Item 13, was correct at the time the separation document was prepared and issued.  Therefore, absent any evidence showing the applicant was awarded the CIB by proper authority while he was serving on active duty, or that confirms his active participation in ground combat with his qualifying infantry unit during combat service, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case. 

4.  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.



      _________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)                                         AR20080014932



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ABCMR Record of Proceedings (cont)                                         AR20080014932



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