IN THE CASE OF:
BOARD DATE: 9 March 2010
DOCKET NUMBER: AR20090016494
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, in effect, he served as an infantryman in Kuwait from
1 August through 30 September 1990.
3. The applicant provides no additional documentary evidence.
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 (RA) on 14 October 1986. Upon completion of training he was awarded military occupational specialty (MOS) 11B (Infantryman). He reenlisted on 23 February 1989.
3. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), as corrected by a DD Form 215 (Correction to DD Form 214), dated
21 May 2009, shows he entered active duty this period on 14 October 1986 and he was honorably discharged on 21 February 1991.
a. Block 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, Army Good Conduct Medal, Southwest Asia Service Medal with 1 bronze service star, Kuwait Liberation Medal (Kuwait), and the Expert Marksmanship Qualification Badge with Rifle, Grenade, and Dragon Gunner Bars.
b. Block 18 (Remarks) shows he served in Saudi Arabia from 1 August to
30 September 1990.
4. There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Combat Infantryman Badge.
5. Army Regulation 600-8-22 (Military Awards), paragraph 8-6, provides for award of the Combat Infantryman Badge and specifies 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.
a. 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.
b. For the Persian Gulf War (Operation Desert Storm) individuals must have met the specific criteria to be awarded the Combat Infantryman Badge during the period 17 January to 11 April 1991.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show award of the Combat Infantryman Badge because he served in Kuwait during the period
1 August to 30 September 1990.
2. The evidence of record shows the applicant held an infantry MOS during the period of service under review. However, there are no orders or other evidence that show he was awarded the Combat Infantryman Badge.
3. The evidence of record shows the Combat Infantryman Badge was authorized for Operation Desert Storm during the period 17 January to 11 April 1991. The applicant's records show he served in Kuwait from 1 August to 30 September 1990. Thus, the applicant did not serve in Southwest Asia during the period authorized for award of the Combat Infantryman Badge.
4. 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 this requirement.
5. Based on the foregoing, there is no basis for granting the applicant's requeted relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ____x____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20090016494
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ABCMR Record of Proceedings (cont) AR20090016494
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