IN THE CASE OF:	  

		BOARD DATE:	    6 April 2010

		DOCKET NUMBER:  AR20090016567 


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 the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant attached a handwritten list of several awards he wants issued to him.

3.  The applicant states the CIB was omitted from his discharge document in error.

4.  The applicant provides a letter from the National Personnel Records Center, dated 22 June 2009.

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 ABCMR does not issue awards and decorations.  However, the applicant may submit a written request to the National Personnel Records Center, ATTN:  Army Medals, 9700 Page Avenue, St. Louis, MO 63132-5100.  He should provide a copy of his discharge document with his request.

3.  The applicant enlisted in the Regular Army on 14 October 1966.  He completed training as a communications center specialist and was awarded military occupational specialty (MOS) 72B (Communications Center Specialist).  He was released from active duty on 7 October 1969 and was transferred to the U.S. Army Reserve Control Group (Reinforcement) on the following day.

4.  His DD Form 214 for the period ending 7 October 1969 does not show entitlement to the CIB.

5.  The applicant served in the Army National Guard from 25 March 1977 to 5 September 1985 and from 16 May 1994 to 1 May 1997.  His DA Form 2-1 (Personnel Qualification Record) shows he completed training as an operations noncommissioned officer (NCO) and he was awarded MOS 18Z (Special Forces Senior Sergeant).

6.  The applicant was ordered to active duty on 5 June 2002 in support of Operation Desert Spring [Operation Desert Spring is part of an on-going operation in Kuwait that was established following Operations Desert Storm and Desert Shield.  Its mission is to maintain a forward presence and provide control and force protection over Army forces in Kuwait].  He was released from active duty on 23 October 2002.

7.  His DD Form 214 for the period ending 23 October 2002 does not show entitlement to the CIB.

8.  The applicant was retired and placed on the retired list on 1 August 2003.

9.  The 22 June 2009 letter from the National Personnel Records Center indicated the applicant was issued several awards.  Some of the awards listed are also shown on the applicant’s handwritten list he submitted with his application.  The CIB is not shown on the list.

10.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  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 or special forces specialty and must 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.  Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the CIB was omitted from his discharge document in error.  However, his military records do not verify he is entitled to award of the CIB. 

2.  To support award of the CIB, the applicant must have an infantry or special forces specialty and must 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 the unit was engaged in active ground combat.

3.  Records show the applicant served in a special forces MOS.  However, his service record lacks evidence which confirms he was assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period when the unit was engaged in active ground combat.  Therefore, he has not met all the requirements 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)                                         AR20090016567



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ABCMR Record of Proceedings (cont)                                         AR20090016567



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