IN THE CASE OF:	  

		BOARD DATE:	  	  27 January 2009

		DOCKET NUMBER:  AR20080017559 


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, award of the Combat Infantryman Badge.

2.  The applicant states, in effect, he served in Iraq and Kuwait during Operation Desert Shield/Desert Storm and was a forward observer attached to an infantry unit, but he was not awarded the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 16 July 1997.

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 personnel records show he enlisted in the U.S. Army Reserve on 20 April 1987 and entered the Delayed Entry Program.  He then enlisted in the Regular Army and entered active duty on 6 May 1987.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 13F (Fire Support Specialist).

3.  The applicant's military personnel records show he served in Southwest Asia (SWA) from 2 September 1990 to 28 March 1991 and that he was assigned to Headquarters and Headquarters Battery (HHB), 4th Battalion, 41st Field Artillery.

4.  The applicant’s military personnel records contain a DD Form 214 that shows he entered this period of active duty on 6 May 1987, was honorably discharged from active duty on 16 July 1997, and had completed 10 years, 2 months, and 11 days of net active service this period.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Commendation Medal (5th Award), Army Achievement Medal (4th Award), Army Good Conduct Medal (3rd Award), National Defense Service Medal, Southwest Asia Service Medal with 2 bronze service stars, Noncommissioned Officer Professional Development Ribbon with Numeral 3 (Advanced Level), Army Service Ribbon, Overseas Service Ribbon, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), Driver and Mechanic Badge with Driver-W Bar, and Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.  Item 18 (Remarks), in pertinent part, shows he served in SWA from 2 September 1990 to 28 March 1991.  Item 21 (Signature of Member Being Separated) shows the applicant placed his signature on the document.

5.  There is no evidence the applicant was awarded the Combat Infantryman Badge.  There also is no evidence that the applicant was awarded an MOS in career management field (CMF) 11 (Infantry) or CMF 18 (Special Forces).

6.  Army Regulation 600-8-22 (Military Awards), paragraph 8-6, provides for award of the Combat Infantryman Badge and specifies that for the Persian Gulf War (Operation Desert Storm) individuals must have met the criteria in paragraphs 8-6b and 8-6c to be awarded the Combat Infantryman Badge during the period 17 January 1991 to 11 April 1991.  These subparagraphs state 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Combat Infantryman Badge because he served in SWA during Operation Desert Storm as a forward observer while attached to an infantry unit.  However, the applicant provides insufficient evidence in support of his claim.

2.  The evidence of record shows the applicant held MOS 13F and was assigned to HHB, 4th Battalion, 41st Field Artillery, in SWA during the period 2 September 1990 through 28 March 1991.  There is no evidence the applicant was attached to an infantry unit as a forward observer during this period.  

3.  Even if there were evidence confirming the applicant's attachment to an infantry unit, there is no evidence showing he was awarded an infantry or special forces MOS.  Thus, the applicant did not meet the most basic and strict criteria that an enlisted Soldier must meet in order to be eligible to qualify for award of the Combat Infantryman Badge for his service in SWA during Operation Desert Storm.  

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)                                         AR20080017559



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ABCMR Record of Proceedings (cont)                                         AR20080017559



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