IN THE CASE OF:	  

		BOARD DATE:	       1 JULY 2009

		DOCKET NUMBER:  AR20090004315 


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 award of the Combat Infantryman Badge.

2.  The applicant states his Combat Infantryman Badge was left off of his 
DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides a copy of his DD Form 214 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 military personnel records show he enlisted in the Regular Army (RA) on 21 April 1988 for a period of 4 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).

3.  On 6 September 1988, the applicant was assigned to B Company, 
1st Battalion, 30th Infantry in Germany.  On 16 June 1989, the unit was redesignated as B Company, 2nd Battalion, 15th Infantry in Germany.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was detached from the 2nd Battalion, 15th Infantry on 27 August 1990 and was en route to the continental United States (CONUS).  However, the form also    shows he was temporarily assigned in Saudi Arabia from 9 September 1990 to 27 March 1991.

5.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/
Storm Database that contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Operation Desert Shield/Desert Storm.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and   31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

6.  The DMDC Desert Shield/Storm Database shows the applicant participated in-theater during the period from 5 October 1990 to 27 March 1991.

7.  On 16 December 1991, the applicant was honorably released from active duty in the grade of specialist (SPC)/pay grade E-4 by reason of a locally imposed bar to reenlistment.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted Soldiers and warrant officers who have an infantry or special forces specialty, satisfactorily performed duty as an infantryman 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, to close with and destroy the enemy with direct fire.  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, to close with and destroy the enemy with direct fire.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the award of the Combat Infantryman Badge.

2.  The evidence shows the applicant held an infantry MOS and was assigned in- theater during Operation Desert Shield/Desert Storm.  However, the evidence is not clear as to which unit he was assigned to while in-theater.  There is no evidence of record and the applicant did not provide any evidence that shows he was engaged in active ground combat.  Therefore, there is insufficient evidence to show he was assigned to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, to close with, and destroy the enemy with direct fire.

3.  In view of the above, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

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 that requirement.

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 our Nation.  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)                                         AR20090004315



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ABCMR Record of Proceedings (cont)                                         AR20090004315



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