IN THE CASE OF:
BOARD DATE: 5 May 2009
DOCKET NUMBER: AR20090001646
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, in effect, that while serving in military occupational specialty (MOS) 11C (indirect fire infantryman) he was deployed to and was involved in combat operations in support of Operation Desert Storm.
3. The applicant provides an award certificate for the Army Commendation Medal 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. The applicant enlisted in the Regular Army on 16 September 1988. He served as an infantryman assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 7th Infantry in Southwest Asia from 27 December 1990 to
4 May 1991. On 31 December 1991, he was released from active duty.
3. The applicants DD Form 214 does not show the Combat Infantryman Badge as an authorized award.
4. There are no orders for the Combat Infantryman Badge in the available records.
5. In support of his claim, the applicant provided an award certificate for the Army Commendation Medal for exceptionally meritorious achievement during the period 17 January to 10 April 1991 while deployed to Southwest Asia in combat operations associated with Desert Storm.
6. 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 and 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:
Although the evidence of record shows the applicant held an infantry MOS, he was assigned to HHC, 1st Battalion, 7th Infantry during his assignment in Southwest Asia. His award certificate for the Army Commendation Medal for exceptionally achievement shows that during his deployment to Southwest Asia he participated in combat operations associated with Desert Storm. However, there are no orders for the Combat Infantryman Badge and there is no evidence of record which shows the applicant served in active ground combat while an assigned member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size in Southwest Asia. "Combat operations" could also refer to planning or coordinating combat operations and not necessarily refer only to active ground combat. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
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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