DOCKET NUMBER:  AR20090001633 


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 (CIB).

2.  The applicant states that his DD Form 214 does not show award of the CIB.  He maintains that he was awarded the CIB during Desert Storm.

3.  The applicant provides no additional documents 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 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 records show that he enlisted in the Regular Army on 27 February 1989.  After completion of basic and advanced individual training, he was awarded military occupational specialty 11M (Fighting Vehicle Infantryman). He served in Southwest Asia in combat operations associated with Desert Storm from 22 December 1990 to 4 May 1991.  He was assigned to the 4th Battalion, 7th Infantry Division.  The applicant was honorably released from active duty on 27 July 1993.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the applicant was authorized the Valorous Unit Award.  The CIB is not listed on this form.

4.  Permanent Orders 33-1, dated 3 March 1992, show that the 4th Battalion, 7th Infantry Regiment, while attached to the 3rd Brigade, 3rd Infantry Division, was awarded the Valorous Unit Award.  The reason for the award was cited as exceptionally meritorious service as the Advanced Guard Brigade of the 1st Armored Division during offensive operations against the Iraqi Republican Guard Forces Command (RGFC) during Operation Desert Storm from 24 to 28 February 1991.  As an attached brigade, the 3rd Brigade led the 1st Armored Division and VII Corps’ main attack against the RGFC.  On 25 February 1991, the brigade conducted a 113km movement to contact and destroy elements of the 26th Infantry Division resulting in the capture of 299 enemy prisoners of war.

5.  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 8-6c 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.  The applicant's records show that he served in an infantry MOS and was assigned to an infantry battalion.  Additionally, his unit served in active ground combat as verified by the unit's award of the Valorous Unit Award.  However, the evidence of record does not confirm that the applicant was personally present and participated in active ground combat while attached to the 3rd Brigade.

2.  A Soldier serving in an infantry MOS and in an infantry unit alone is insufficient to warrant award of the Combat Infantryman Badge.  In all cases, the burden of proof rests with the applicant to submit substantiating proof of their entitlement for awards in the absence of evidence in their records.  The applicant did not provide any documentation and his records do not contain any evidence to support or clearly show that he was personally present and participated in active ground combat during Desert Storm.  

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.  

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)                                         AR20090001633



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ABCMR Record of Proceedings (cont)                                         AR20090001633



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