IN THE CASE OF:
BOARD DATE: 23 April 2009
DOCKET NUMBER: AR20090001110
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge.
2. The applicant states that he was awarded the Combat Infantryman Badge for his service in Iraq from 31 December 2003 to 2 April 2004. He further contends that the missions were top secret and cannot be disclosed. He is a 100-percent disabled veteran who suffers from post-traumatic stress disorder, tinnitus, degenerative disc disease, cognitive disorder, and radiculapathy in both legs. He discovered that the Combat Infantryman Badge was not on his DD Form 214 when he was renewing his license plates.
3. The applicant provides no documentation 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 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. On 27 May 2003, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 11B1P (Infantryman with parachutist qualification).
3. The applicant served in Iraq during the period from 31 December 2003 to 2 April 2004 (3 months and 2 days).
4. On 19 October 2004, the applicant was discharged due to physical disability and received severance pay. He attained the rank of specialist, pay grade E-4, and completed 1 year, 4 months, and 23 days of creditable active duty service.
5. Item 8a (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows Headquarters and Headquarters Company, 3rd Ranger Battalion, 75th Ranger Regiment, located at Fort Benning, Georgia.
6. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, National Defense Service Medal, Army Lapel Button, and the Army Service Ribbon. It does not show award of the Combat Infantryman Badge.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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 contends that he was awarded the Combat Infantryman Badge and that it should be added to his DD Form 214.
2. The available evidence clearly shows that the applicant was an infantryman. Unfortunately, there is no available evidence of record showing that he served in active ground combat while assigned to an infantry unit of brigade, regimental, or smaller size, and there are no orders available to show he was awarded the Combat Infantryman Badge.
3. 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 the aforementioned requirement.
4. 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) AR20090001110
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ABCMR Record of Proceedings (cont) AR20090001110
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