IN THE CASE OF:
BOARD DATE: 27 May 2009
DOCKET NUMBER: AR20090000039
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add his Combat Infantryman Badge (CIB) and to reflect his correct dates of service in Southwest Asia.
2. The applicant states that he departed for Southwest Asia in September 1990, not October 1990, and he served in combat.
3. The applicant provides a newspaper article concerning the applicant's and his brother's deployment to Saudi Arabia.
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's military records show that he enlisted in the Regular Army on 9 February 1988, was awarded the military occupational specialty of fighting vehicle infantryman, and was promoted to pay grade E-4.
3. On 9 August 1990, the applicant went on sick call complaining of knee pain since basic combat training. He had follow-up appointments on 20 and 25 August, at which time he was diagnosed with chronic knee pain and was given a treatment plan of physical profile limitations and conservative self treatment. On 21 September 1990, the applicant was again seen at sick call stating he twisted his ankle and bruised his thigh while playing football.
4. He was honorably released from active duty on 2 May 1991. The DD Form 214 issued to the applicant does not show that the applicant was awarded any service medals, but does show that he served in Southwest Asia from 10 October 1990 to 18 April 1991.
5. On 14 September 1992, a DD Form 215 (Correction to DD Form 214) was issued adding the Southwest Asia Service Medal with 3 bronze service stars and the Kuwait Liberation Medal.
6. In the processing of this case the Gulf War Roster was reviewed which shows that the applicant is officially credited with serving in theater for the period from 1 November 1990 to 17 April 1991.
7. The applicant's records do not contain any information concerning what duties he performed while in Saudi Arabia during Operation Desert Storm.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry military occupational specialty. They must have served satisfactorily in active ground combat and while assigned or attached to an infantry unit of brigade, regimental or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The applicant was an infantryman serving in Saudi Arabia during Operation Desert Storm.
2. However, there is no evidence or indication that he served in active ground combat during his deployment.
3. Given the applicant's medical problems, it is questionable whether his command would have utilized him as an infantryman in the field if his unit did actively engage in ground combat.
4. In view of the foregoing, there is an insufficient basis in which to grant the applicant's request for the CIB.
5. As for his dates of deployment, the applicant is correct, the dates of his deployment to Southwest Asia are incorrect. He actually served in Southwest Asia from 1 November 1990 to 17 April 1991. However, to correct the applicant's records in this manner would make him worse off than what his records currently reflect. Since it is the policy of the Board not to make an applicant worse off than when the applicant submitted his request, his dates of deployment will remain unchanged.
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.
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