DOCKET NUMBER:  AR20090006675 


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, in effect, that he be awarded the Combat Infantryman Badge and that it be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he earned the Combat Infantryman Badge while serving as an infantryman with B Company, 1st Battalion, 7th Infantry.  He served in combat during Operation Desert Storm in 1991.  His unit was involved in combat against the Iraqi Republican Guard in Iraq and in Kuwait.  He further states that according to paragraph 2-6, Army Regulation 600-8-22 (Military Awards), he needed to satisfactorily perform his duties, be assigned to an infantry unit, and be actively engaged in combat.

3.  In support of his request, the applicant submitted a copy of his DD Form 214.

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 record shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 13 August 1987.  On 10 August 1988, he was discharged from the DEP.  On 11 August 1988, he enlisted in the Regular Army (RA).  He successfully completed basic and advanced individual training and he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).

3.  On 23 May 1991, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph
14-12b by reason of misconduct - pattern of misconduct, with service characterized as general, under honorable conditions.  He was discharged in the rank/grade of private (PV1)/E-1.  On the date of his discharge, he had completed 2 years,
9 months, and 13 days active military service with no time lost.

4.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Germany for the period 14 December 1988 through 13 December 1990 and in Saudi Arabia for the period 25 December 1990 to an unspecified date.

5.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served 2 years, 5 months, and 9 days of foreign service during his active duty tenure.

6.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Southwest Asia for the period 25 December 1990 through 23 April 1991.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Service Ribbon, National Defense Service Medal, Southwest Asia Service Medal, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle), and the Expert Marksmanship Qualification Badge with Grenade Bar.  No other awards or decoration are shown as having been awarded or authorized.

8.  In a Memorandum, Subject:  Recommendation for Separation Under 635-200, Chapter 14, paragraph 12b, written by the applicant's commander, he stated the 
specific, factual reason for his recommending the applicant for discharge was that he had received 2 company grade Article 15s, one dated 6 May 1991 for disobeying a noncommissioned officer (NCO) on two occasions in Southwest Asia and the other dated 20 Jun 90 for disobeying and disrespecting an NCO.  The applicant had been counseled a number of times dating from 8 June 1990 to 3 May 1991 for such offenses as disrespect towards NCOs, failure to repair, failure to obey lawful orders, endangering his fellow Soldiers in Southwest Asia (emphasis added), falling out of PT (physical training) runs, and communicating threats.  Despite attempts to rehabilitate or to develop him to be a satisfactory Soldier, he felt that further efforts were unlikely to succeed.

9.  During the period of his deployment in support of Operation Desert Storm, the applicant was counseled 11 times for disobeying an NCO, failing to assist his fellow Soldiers to reconstruct a tent following a severe wind storm, giving up his ammunition in a combat zone indicating he did not want to be around ammunition, demonstrating unstable personality characteristics, communicating threats and disrespecting an NCO, disobeying lawful orders, performing his duty unsatisfactorily, failing to repair, endangering his fellow Soldiers, demonstrating a lack of motivation and attitude, and falling out of PT runs.

10.  Army Regulation 600-8-22 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, 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.  To have been eligible for award of the Combat Infantryman Badge during the Persian Gulf War (Operation Desert Storm) individuals must have met basically three requirements.  The Soldier must have been an infantryman satisfactorily performing infantry duties, he must been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.

2.  The evidence shows that the applicant was assigned to an infantry unit; however, there is no evidence and the applicant has provided none to show he engaged in and actively participated in ground combat against the enemy with his unit.  A review of his official military personnel record failed to reveal any evidence of valor or achievement that would give an indication that he engaged in and actively participated in ground combat against the enemy with his unit.

3.  One of the criteria for award of the Combat Infantryman Badge is that the individual must have been satisfactorily performing his infantry duties.  The evidence shows that during his assignment in Operation Desert Storm, he was counseled on 11 separate occasions for a variety of reasons, to include his being counseled for endangering his fellow Soldiers and giving up his ammunition because he did not want to be around ammunition anymore.  On the applicant's redeployment from Iraq, he was discharged and he was issued a general, under honorable conditions discharge.

4.  The evidence shows that the applicant was not awarded the Combat Infantryman Badge during Operation Desert Storm and his deployment to Southwest Asia, and it appears he did not meet the eligibility criterion of satisfactorily performing infantry duties.  Therefore, he is not eligible for award of this badge and to have it added to his DD Form 214.

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)                                         AR20090006675



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