IN THE CASE OF:	

		BOARD DATE:	16 July 2009  

		DOCKET NUMBER:  AR20090004562 


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 but it was not recorded on his DD Form 214. 

3.  The applicant provides, in support of his application, copies of his DD Form 214, NGB Form 22 (Report of Separation and Record of Service), and  Permanent Orders Number 26-34, 1st Infantry Division, dated 19 April 1991, awarding him the Combat Infantryman Badge. 

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.  On or about 5 September 1981, after having had prior service, the applicant enlisted in the Regular Army.  He reenlisted three times and completed a total of 10 years, 11 months and 13 days of creditable active duty service.  He was awarded military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapons, Infantryman).

3.  Permanent Orders 217-6, 101st Airborne Division, dated 10 November 1985, awarded the applicant the Driver and Mechanic Badge with Driver-W Bar for the period from 1 February to 1 November 1985.

4.  Permanent Orders Number 26-34, 1st Infantry Division, dated 19 April 1991, awarded the applicant the Combat Infantryman Badge for proficiency in the performance of duties under combat operations for the period 24 to 28 February 1991.

5.  On 17 August 1992, the applicant was honorably discharged from the Regular Army.  He had attained the rank of sergeant, pay grade E-5.

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 Army Service Ribbon, National Defense Service Medal, Army Lapel Button, Good Conduct Medal (two awards), Overseas Service Ribbon with Numeral three, Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Expert Marksmanship Qualification Badge with Rifle Bar, Air Assault Badge, Second Class [Marksman] Marksmanship Qualification Badge with Machinegun Bar, Army Commendation Medal with three Oak Leaf Clusters, and the Army Achievement Medal.  It does not show award of the Combat Infantryman Badge or the Driver and Mechanic Badge with Driver-W Bar.

7.  On 18 August 1992, the applicant enlisted in the Alabama Army National Guard.  He was honorably separated effective 20 April 1999.  He had completed a total of 20 years, 6 months and 9 days of creditable service for pay.

8.  Item 15 (Decorations, Medals, Badges, Commendations) of the applicant's  NGB Form 22 lists his awards, including, in part, the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).  It does not list the Combat Infantryman Badge.

9.  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.  That paragraph states 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the Combat Infantryman Badge and that his DD Form 214 should be corrected to show this award.

2.  The available evidence shows that the applicant was awarded the Southwest Asia Service Medal and the Kuwait Liberation Medal from both Saudi Arabia and Kuwait, indicating that he had served in the combat theater.

3.  The permanent orders provided by the applicant show that he was awarded the Combat Infantryman Badge for his "proficiency in the performance of duty" in combat.

4.  The available evidence clearly shows that the applicant held an infantry MOS. 

5.  In view of the above, the applicant's DD Form 214 should be corrected to show award of the Combat Infantryman Badge and both Kuwait Liberation Medals.

6.  Permanent orders show that the applicant was awarded the Driver and Mechanic Badge with Driver-W Bar.  Therefore, his DD Form 214 should be corrected to show this award.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Kuwait Liberation Medal from Item 13 of his DD Form 214; and

	b.  adding in Item 13 of his DD Form 214 the Combat Infantryman Badge, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait) and the Driver and Mechanic Badge with Driver-W Bar.




      _______ _   __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)                                         AR20090004562





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ABCMR Record of Proceedings (cont)                                         AR20090004562



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