BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090018578
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.
2. The applicant states that on or about 25 March 1991 he awarded the Combat Infantryman Badge. He contends that everyone in the 2nd Battalion, 7th Infantry Regiment, was awarded this badge.
3. The applicant provides copies of his DD Form 214 and DA Form 2-1 (Personnel Qualification Record - Part II).
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. At the time of his application, the applicant was retired from the Regular Army as a sergeant, pay grade E-5, due to physical disability.
3. The applicant's DA Form 2-1 shows:
a. on 14 July 1990, he was assigned for duty as a squad leader with Company B, 2nd Battalion, 7th Infantry Regiment, located at Fort Stewart, Georgia;
b. he served in Saudi Arabia from 29 August 1990 through 25 March 1991; and
c. on 20 January 1992, he was reassigned for duty in the Federal Republic of Germany with the 4th Battalion, 12th Infantry Regiment.
4. The applicant's DD Form 214 shows:
a. he enlisted in the Regular Army on 28 December1984;
b. he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman);
c. he was released from active duty on 19 September 1995; and
d. his awards do not include the Combat Infantryman Badge.
5. Army Regulation 600-8-22 (Military Awards) provides 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 contends that he was awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this badge.
2. There are no available orders or other official documentation showing the applicant was awarded the Combat Infantryman Badge or that the applicant's entire unit was awarded this badge.
3. The available evidence clearly shows that the applicant was an infantryman. Unfortunately, there is no available evidence of record showing that he served in active ground combat while assigned to an infantry unit of brigade, regimental, or smaller size.
4. However, should the applicant have or be able to obtain a copy of the orders awarding him the Combat Infantryman Badge or other corroborating evidence, he may submit another application for consideration.
5. 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 the aforementioned requirement.
6. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090018578
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ABCMR Record of Proceedings (cont) AR20090018578
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