BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090012808
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 the badge was not put on his DD Form 214.
3. The applicant provides, in support of his application, a copy of Permanent Orders 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 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. On 19 January 1988, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).
3. On 6 May 1988, the applicant departed Fort Benning, Georgia, for duty in Europe.
4. On 23 May 1988, the applicant was assigned to B Company, 3rd Battalion, 36th Infantry Regiment in MOS 11M with duties as a driver. He served with this unit until his return to the United States on 19 May 1990.
5. On 20 June 1990, the applicant was assigned to A Company, 3rd Battalion, 7th Infantry Regiment, 24th Infantry Division, Fort Stewart, Georgia in MOS 11M.
6. Permanent Orders 10-30, 24th Infantry Division, dated 21 March 1991, awarded the applicant the Combat Infantryman Badge for his performance of duty while engaged in ground combat on 28 February 1991.
7. On 17 January 1992, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist, pay grade E-4, and had completed
3 years, 11 months and 29 days of creditable active duty service.
8. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Army Service Ribbon, National Defense Service Medal, Army Lapel Button, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle and Grenade Bars, and the Army Good Conduct Medal. It does not show award of the Combat Infantryman Badge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.
2. Permanent orders show the applicant was awarded the Combat Infantryman Badge on 28 February 1991. 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 adding in Item 13 of his DD Form 214 the Combat Infantryman Badge.
_______ _ __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) AR20090012808
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