IN THE CASE OF:
BOARD DATE: 22 SEPTEMBE 2009
DOCKET NUMBER: AR20090006995
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 that the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that he was awarded the CIB by General Colin Powell and General Schwartzkoff approximately in August 1991 during a ceremony in Stuttgart, Germany. He states he was stationed at Garlstedt, Germany with the 2nd Armored Division (Forward), 41st Infantry Battalion at that time.
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 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 6 April 1989. He completed one station unit training (OSUT) at Fort Benning, Georgia.
3. Headquarters, United States Army Infantry Training Center (OSUT), Fort Benning, GA, Orders 97-6, dated 9 June 1987, awarded the applicant military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).
4. The applicant was assigned to Garlstedt, Germany in August 1989.
5. The applicants DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Southwest Asia from January 1991 to June 1991 with Company D, 1st Battalion, 41st Infantry as an infantryman in duty MOS 11M.
6. There are no orders which show the applicant was awarded the CIB. Item 9 (Awards, Decorations and Campaigns) on his DA Form 2-1 does not list award of the CIB.
7. The applicant was honorably released from active duty on 23 October 1992. His DD Form 214 does not show the CIB as an authorized award.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB, 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 CIB during the period 17 January 1991 to 11 April 1991. These paragraphs state that there are basically three requirements for award of the CIB. 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 have 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 contends he was awarded the CIB by two general officers in 1991 during a ceremony in Stuttgart, Germany. However, there is no evidence and the applicant has not provided any evidence which confirms he was awarded the CIB.
2. Although the applicant's records show he was awarded MOS 11M and served as an infantryman with an infantry unit in SWA, there is no evidence which shows he served during active ground combat and was personally "present under hostile fire. Therefore, there is insufficient evidence on which base correction of his DD Form 214 to show award of the CIB.
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.
_______ _ __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) AR20090006995
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ABCMR Record of Proceedings (cont) AR20090006995
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