BOARD DATE: 19 May 2010
DOCKET NUMBER: AR20090019229
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:
* the Combat Infantryman Badge was not put on his DD Form 214
* he fought in Operations Desert Shield/Desert Storm
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the Regular Army on 18 October 1988. He was trained in and awarded military occupational specialty 11M (fighting vehicle infantryman). He was assigned to Company A, 5th Battalion, 18th Infantry in Southwest Asia from 2 January 1991 to 17 May 1991. On 5 March 1997, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 6-3b, by reason of hardship.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the CIB as an authorized award.
4. There are no orders for the CIB in the available records.
5. Army Regulation 600-8-22 (Military Awards), paragraph 8-6, provides for award of the CIB. That paragraph states that 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.
DISCUSSION AND CONCLUSIONS:
There are no orders for the CIB in the applicants service personnel records. Although the evidence of record shows the applicant served as an infantryman assigned to an infantry unit during his assignment in Southwest Asia, there is no evidence of record and he provides no evidence which shows his unit was engaged in active ground combat or that he was personally present and under hostile fire in Southwest Asia. Therefore, there is insufficient evidence in 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) AR20090019229
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090019229
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080007613
The applicant requests, in effect, that he be awarded the Combat Infantryman Badge (CIB). His DD Form 214 does not show the CIB as an authorized award. The evidence shows the applicant held an infantry MOS, and he was deployed to Southwest Asia from 15 February 1991 to 15 March 1991 (1 month).
ARMY | BCMR | CY2011 | 20110014518
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) and any other medals and decorations that may have been given for Operation Desert Storm. The applicant provides no evidence. In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case.
ARMY | BCMR | CY2010 | 20100015250
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). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat and they must have been present with their qualifying infantry unit and have participated actively in such ground combat. ...
ARMY | BCMR | CY2012 | 20120004292
Additionally, he requests award of the Combat Infantryman Badge (CIB) and the Southwest Asia Service Medal (SWASM). His military service records do not contain any orders awarding him the CIB. There is no evidence in the available records to show the applicant should be awarded the CIB.
ARMY | BCMR | CY2009 | 20090004204
The applicant requests correction of his DD Form 214 (Certificate of or Discharge from Active Duty) to include the award of the Combat Infantryman Badge (CIB) and any additional awards to which he may be entitled. There is no evidence in the available records and the applicant has not provided any evidence to show he was actively engaged in ground combat with enemy forces during the Persian Gulf War. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2009 | 20090014131
Item 24 does not show award of the CIB. There are no orders in the applicants personnel records to show that he was awarded the CIB. 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.
ARMY | BCMR | CY2011 | 20110004947
BOARD DATE: 13 September 2011 DOCKET NUMBER: AR20110004947 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award. 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...
ARMY | BCMR | CY2010 | 20100024738
He was honorably released from active duty on 15 July 1991 to the control of his ARNG unit. With respect to his service in Korea, the evidence of record shows the applicant served in Korea as a rifleman to Company A, 2nd Battalion, 8th Cavalry from 22 May 1964 to 25 June 1965. Therefore, there is insufficient evidence to support awarding him the CIB for this period of service.
ARMY | BCMR | CY2006 | 20060010590
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). Although the applicant's records show he was awarded an infantry MOS and served as an infantryman in an infantry unit while assigned to SWA, there is no evidence he served satisfactorily during active ground combat and was personally "present under hostile fire. Therefore, the applicant has not met the requirements for award of the...
ARMY | BCMR | CY2010 | 20100006998
The applicant requests reconsideration of his earlier petition to add the Combat Infantryman Badge (CIB) and Army Commendation Medal (ARCOM) to his record and DD Form 214 (Certificate of Release or Discharge from Active Duty). Further, the third-party statement provided from a Soldier who served with the applicant during Operation Desert Storm corroborates his participation in combat operations with the unit. As a result, the Board recommends that all Department of the Army records of the...