IN THE CASE OF:	  

		BOARD DATE:	  13 January 2009

		DOCKET NUMBER:  AR20080016771 


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 the Combat Infantryman Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he departed Germany before orders for award of the Combat Infantryman Badge were processed and the award was never added to his DD Form 214. 

3.  In support of his application, the applicant provides copies of his DD Form 214.

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 show he enlisted in the United States Army Delayed Entry Program on 27 September 2000.  He enlisted in the Regular Army, in pay grade E-1, on 12 October 2000, for 4 years.  He completed training and was awarded the military occupational specialty (MOS) 11B, Infantryman.  He was promoted to pay grade E-4 on 1 November 2004.  He served with Company C, 1st Battalion, 26th Infantry Regiment.  He served in Iraq from          24 April 2004 to 12 February 2005.

3.  The applicant was released from active duty on 31 May 2005 and he was transferred to a Reserve unit.  He was issued a DD Form 214 that lists in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the following awards:  the National Defense Service Medal, the "Korean Service Medal", the Global War on Terrorism Expeditionary Medal, the Army Lapel Button, the Global War on Terrorism Service Medal, the Kosovo Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the North Atlantic Treaty Organization Medal.  The Combat Infantryman Badge is not shown on his DD Form 214.  

4.  There are no orders in the applicant’s service personnel records that show he was awarded the Combat Infantryman Badge.  

5.  Army Regulation 600-8-22 (Military Awards) provides in pertinent part, 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 have 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.

6.  HQDA Letter 600-05-1, dated 3 June 2005, amended Army 
Regulation 600-8-22 by the adding the following provisions:  On or after 18 September 2001, (a) a Soldier must be an Army infantry or special forces 

officer in the grade of colonel or below, or an Army enlisted Soldier with an infantry or special forces MOS, who has 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, to close with and destroy the enemy with direct fires; and (b) a Soldier must be personally present and under fire while serving in an assigned infantry or special forces primary duty, in a unit engaged in active ground combat, to close with and destroy the enemy with direct fires.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record fails to show the applicant was awarded the Combat Infantryman Badge.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS or special forces primary duty while the unit engaged in active ground combat.

2.  The evidence does show the applicant served in an infantry MOS and in an infantry unit; however, the evidence of record does not confirm, and he has not shown, that he was personally present and participated in active ground combat against the enemy while assigned or attached to this infantry unit.  His records also do not show he received any awards for valor that would give an indication he was exposed to ground combat against the enemy.  Based on the available evidence, there is insufficient evidence to award the applicant the Combat Infantryman Badge or to have it added to his DD Form 214.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080016771



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ABCMR Record of Proceedings (cont)                                         AR20080016771


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