IN THE CASE OF:
BOARD DATE: 21 January 2010
DOCKET NUMBER: AR20090014131
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 (CIB).
2. The applicant states that he cannot find his orders for his CIB. He was awarded the CIB upon his return from Desert Storm in 1991.
3. The applicant did not provide any additional documentary evidence in support of his request.
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 he enlisted in the Regular Army on 23 August 1989. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). He was honorably released from active duty in the rank/grade of private first class/E-3 on 22 August 1991.
3. The applicants records show he served in Southwest Asia from 3 September 1990 to 29 March 1991. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 18th Infantry.
4. Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Army Service Ribbon, the National Defense Service Medal, the Southwest Asia Service Medal with two bronze service stars, the Army Lapel Button, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Grenade Bar. Item 24 does not show award of the CIB.
5. There are no orders in the applicants personnel records to show that he was awarded the CIB.
6. Item 41 (Awards and Decorations) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show award of the CIB.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB. That paragraph states that there are basically three requirements for award of the CIB: an infantryman satisfactorily performing infantry duties; assigned to an infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB.
DISCUSSION AND CONCLUSIONS:
1. The applicants infantry MOS and his assignment to an infantry unit during his service in Southwest Asia are not in question. However, his record is void of permanent orders that show he was awarded the CIB. Furthermore, there is no evidence in the available records and the applicant did not submit any substantiating evidence that shows he was personally present and under hostile fire while assigned to an infantry unit that was actively engaged in ground combat with the enemy.
2. In the absence of evidence that the applicant actively participated in active combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case.
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) AR20090014131
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ABCMR Record of Proceedings (cont) AR20090014131
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