IN THE CASE OF:	  

		BOARD DATE:	    20 April 2010

		DOCKET NUMBER:  AR20090014622 


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 award of the Combat Infantryman Badge.

2.  The applicant states that Orders Number 7-70, dated 18 March 1991, contain his name awarding him and his whole company the Combat Infantryman Badge.  He states that he wants this researched and then his records corrected to show this badge.  He says he has been trying to get his record corrected for 10 years.

3.  The applicant provides a buddy statement 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 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 enlisted in the Regular Army on 30 May 1989.  He completed basic and advanced individual training meeting the qualification standards for military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).

3.  On 23 September 1997, he was honorably discharged.  He enlisted in the U.S. Army Reserve and was assigned to the 1st Battalion, 184th Infantry, located in Compton, CA.  He was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) confirming he served 8 years, 3 months, and 24 days of net active service with 1 year of foreign service.  Item 18 (Remarks) shows he served in Southwest Asia from 29 August 1990 to 22 March 1991.

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he received the:

* Army Service Ribbon
* National Defense Service Medal
* Army Good Conduct Medal (2nd Award)
* Overseas Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Hand Grenade
* Army Achievement Medal
* Expert Marksmanship Qualification Badge for Dragon Gunner
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal

5.  The applicant's records maintained in the interactive Personnel Electronic Records Management System do not contain Combat Infantryman Badge orders showing he was awarded this badge.

6.  The applicant provided a buddy statement from D ____ M. O____ attesting to the traumatic events witnessed by the applicant when they were both assigned to Company B, 3rd Battalion, 15th Infantry Regiment, 24th Infantry Division.

	a.  On 24 February 1991, the unit crossed the border into Iraq in support of Operation Desert Storm.  The next day they saw action clearing a valley of enemy troops and capturing enemy prisoners of war.  The applicant was an eyewitness to the accidental deaths of two Soldiers in their unit.

	b.  The unit continued toward their objective on 25 February 1991 encountering more enemy prisoners of war.  Nearing their objective, the unit encountered enemy mortar and artillery fire.

	c.  Advanced elements reached the objective on 27 February 1991 encountering enemy small arms fire.  The unit also received friendly fire from an M1 Abrams tank that destroyed three of their vehicles.  Continuing towards the Basra plains, the unit encountered many gravely wounded enemy forces, enemy tanks, and Soldiers.

	d.  He concludes his statement by saying each member of the unit was awarded the Combat Infantryman Badge.  He states the applicant lost his original award orders and concludes by recommending him for the Combat Infantryman Badge.

7.  In the processing of this case, the applicant received a letter from the staff of the ABCMR requesting that he provide a copy of Orders Number 7-70, dated 18 March 1991, to support his application.  The applicant did not respond within the established 30-day suspense period.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  It states 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 specialty, satisfactorily performed duty while assigned or attached as a member of an infantry 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 direct hostile fire while serving in an assigned infantry MOS in a unit actively engaged in ground combat with the enemy.  Battle or campaign participation credit alone is not sufficient.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  The ABCMR is not an investigative body.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Combat Infantryman Badge was carefully considered.  However, there is an insufficient basis upon which to grant his request.  The evidence of record shows the applicant was awarded an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size engaged in combat operations in support of Operation Desert Storm.  However, the evidence presented is insufficient to show he was directly and personally involved in active ground combat under direct hostile fire from enemy forces.

2.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

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)                                         AR20090014622



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ABCMR Record of Proceedings (cont)                                         AR20090014622



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