IN THE CASE OF:	  

		BOARD DATE:	        12 MARCH 2009

		DOCKET NUMBER:  AR20090000610 


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 reflect his award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that his CIB was not entered on his DD Form 214 and he is seeking treatment for a combat related illness and needs the CIB on his records.  He also states that he thought the presence of the Expert Infantryman Badge and his Southwest Asia Service Medal (SWASM) were sufficient proof that he served in combat.

3.  The applicant provides a copy of a Certificate of Commendation.

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 enlisted in the Regular Army on 20 March 1985 for a period of 3 years and training in the infantry career management field.  He completed his one-station unit training at Fort Benning, Georgia and was transferred to Fort Lewis, Washington for duty as a heavy anti-armor weapons infantryman.

3.  He deployed with his unit to Sinai, Egypt as part of the Multinational Force Observers from 3 December 1985 to 22 May 1986 until he returned to Fort Lewis.  He was advanced to the pay grade of E-4 on 1 January 1987.

4.  The applicant was transferred to Germany on 29 May 1988 for assignment to an infantry company and on 18 December 1990 he deployed to Southwest Asia (SWA) in support of Operation Desert Shield/Storm.  He departed from SWA on
28 April 1991 and returned to Germany.

5.  He departed Germany on 14 October 1991 and was transferred to Fort Benning where he remained until he was honorably discharged, on 21 May 1993, under the provisions of paragraph 16-8, Army Regulation 635-200, Early Release Program - Special Separation Benefit (SSB).  He had served 8 years, 2 months and 2 days of total active service and his DD Form 214 that was issued at the time of his discharge shows he was awarded the SWASM with three bronze service stars, the Army Achievement Medal with one oak leaf cluster, the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Infantryman Badge and the French Parachutist Badge.

6.  A review of the applicant's Official Military Personnel File (OMPF) failed to show any orders indicating he was awarded the CIB or that he engaged the enemy in combat in SWA.

7.  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.  While the evidence of record clearly shows the applicant served as an infantryman in SWA in support of Operation Desert Shield/Storm, there is no evidence in his official records to show that he was awarded the CIB.

2.  The applicant's contentions have been considered; however, the available evidence is not sufficient to show that he was awarded the CIB or that he engaged the enemy in combat in SWA.

3.  Therefore, in the absence of evidence to show that he is entitled to be awarded the CIB, there appears to be no basis to add the award to his records at this time.

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.  In view of the foregoing, there is insufficient basis for granting relief to the applicant in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.


2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Gulf War.  The applicant and all Americans should be justifiably proud of his service in arms.





      _______ _ 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)                                         AR20090000610



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ABCMR Record of Proceedings (cont)                                         AR20090000610



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