BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20090013787
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 his records be corrected to show his combat service in Southwest Asia (SWA). He also requests award of the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, that he served in SWA and was assigned to 2nd Battalion, 5th Calvary, which was out of Fort Hood, TX from 12 August 1990 through June 1991 (during Operation Desert Storm). He also states that he served in military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman) and that his secondary MOS was 11B (Infantryman).
3. The applicant provides in support of his application a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a copy of his DD Form 2-1 (Personnel Qualification Record (PQR)).
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's record shows that he enlisted in the Regular Army on 6 June 1989. He completed the training requirements and he was awarded MOS 11M.
3. Item 5 (Overseas Service) of the applicant's PQR shows he served in SWA from 16 October 1990 to 20 April 1991 and Item 18 (Remarks) of his DD Form 214 shows that he served in SWA from 16 October 1990 to 20 April 1991.
4. On 5 June 1992, the applicant was honorably discharged and transferred to the U.S. Army Reserve Control Group. He had completed 3 years of active military service. The DD Form 214 he was issued shows he was awarded the National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Army Service Lapel Button, Southwest Asia Service Medal with 2 bronze service stars, and the Kuwait Liberation Medal. The DD Form 214 does not show the CIB as an authorized award.
5. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record to include his DD Form 214 appropriately shows that he served in SWA from 16 October 1990 to 20 April 1991. Therefore, no additional entries are required.
2. The available evidence shows the applicant served in MOS 11M. There is no evidence that he was ever assigned MOS 11B. Neither is there any evidence that he was assigned to an infantry unit at which time the unit was engaged in active ground combat, and that he was present and involved in direct ground combat with the enemy. Therefore, there is insufficient evidence to show he meets the eligibility criteria for 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.
_______ _ __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) AR20090013787
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2005 | 20050000083C070206
The applicant requests correction of his records to show award of the Combat Infantryman Badge and the Army Commendation Medal. The applicant’s DA Form 2-1 (Personnel Qualification Record) indicates, in Item 9 (Awards, Decorations & Campaigns), that he earned the following awards during his tenure on active duty: Army Service Ribbon (ASR), Overseas Service Ribbon (OSR), Army Good Conduct Medal (AGCM) [this award is not shown on his DD Form 214], the National Defense Service Medal (NDSM),...
ARMY | BCMR | CY2005 | 20050006342C070206
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s record shows he served on active duty as a member of the Army National Guard (ARNG) from 31 July 1989 through 3 November 1989. Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.
ARMY | BCMR | CY2010 | 20100014498
There is no evidence in the applicant's record and he has not provided any evidence which confirms he was awarded the CIB. Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the CIB. _______ _ _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.
ARMY | BCMR | CY2011 | 20110011584
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 (CIB). Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the CIB. _______ 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.
ARMY | BCMR | CY2006 | 20060010590
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 (CIB). Although the applicant's records show he was awarded an infantry MOS and served as an infantryman in an infantry unit while assigned to SWA, there is no evidence he served satisfactorily during active ground combat and was personally "present under hostile fire. Therefore, the applicant has not met the requirements for award of the...
ARMY | BCMR | CY2005 | 20050001100C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 September 2005 DOCKET NUMBER: AR20050001100 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that the Combat Infantryman Badge (CIB) be added to the list of awards contained on his separation document (DD Form 214). It was awarded to members who served in support of...
ARMY | BCMR | CY2005 | 20050001100C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 September 2005 DOCKET NUMBER: AR20050001100 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Chairperson Mr. Thomas E. OShaughessy Member Mr. Patrick H. McGann Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect,...
ARMY | BCMR | CY2010 | 20100006998
The applicant requests reconsideration of his earlier petition to add the Combat Infantryman Badge (CIB) and Army Commendation Medal (ARCOM) to his record and DD Form 214 (Certificate of Release or Discharge from Active Duty). Further, the third-party statement provided from a Soldier who served with the applicant during Operation Desert Storm corroborates his participation in combat operations with the unit. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130021338
Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the CIB. Therefore, there is insufficient evidence to correct his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle and Machine Gun Bars. __________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.
ARMY | BCMR | CY2011 | 20110012879
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. He submitted a DA Form 4187, dated 8 November 1991, which shows his grade as CPL and his MOS as 63T1O. Therefore, he is not entitled to correction of his DD Form 214 to show his rank/grade as CPL at the time of his separation.