IN THE CASE OF:
BOARD DATE: 10 June 2010
DOCKET NUMBER: AR20090020935
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 (CIB).
2. The applicant states:
* he was attached to the 1st Armored Division from 20 February 1991 to 28 February 1991 in Iraq
* his unit was fired upon and returned fire to the enemy during combat
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he has a combat military occupational specialty (MOS)
* his CRSC [Combat Related Special Compensation] claim was disapproved
* he met all eligibility requirements for the CIB
* his unit was involved in a firefight on 24 February 1991 in Iraq
3. The applicant provides:
* discharge orders
* VA Form 21-0781 (Department of Veterans Affairs (DVA) Statement in Support of Claim for Service Connection for Post Traumatic Stress Disorder (PTSD))
* DVA Progress Note
* 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. Having prior active service, the applicant enlisted in the Regular Army on
18 June 1976. He was trained in and awarded MOS 92A (automated logistics specialist) and 11B (infantryman). He served in Southwest Asia from
5 December 1990 to 8 May 1991. On 31 August 1997, he retired in the rank of master sergeant.
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. In support of his claim, the applicant provided a VA Form 21-0781, dated
18 December 2009, wherein he describes a firefight in Iraq on 24 February 1991. He also provided a DVA Progress Note, dated 11 August 2009, which shows he was diagnosed with chronic severe PTSD.
6. 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 indicates he served as an infantryman during his assignment in Southwest Asia, there is no evidence of record and he provides no evidence other than his own statement which shows he was assigned to an infantry unit that was engaged in active ground combat or that he was personally present and under hostile fire in Southwest Asia. Regrettably, there is insufficient evidence on 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) AR20090020935
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