IN THE CASE OF:
BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20100000042
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 and the combat patch.
2. The applicant states he deployed to Kosovo as an infantryman from
1999-2001. He understands this deployment is now recognized as a combat zone and feels he should be awarded the 1st Armored Division shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch" and the Combat Infantryman Badge.
3. The applicant did not provide any 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 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's records show he enlisted in the Regular Army (RA) on 29 September 1998. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Infantryman). He also executed a 4-year reenlistment in the RA on 25 January 2002 and attained the rank of specialist/E-4.
3. His records show he served in Germany from on or about 14 June 1999 to 25 July 2001. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 36th Infantry.
4. His records further show he deployed with his unit to Kosovo from 26 May to 19 December 2000.
5. He was honorably discharged on 27 April 2003 by reason of disability with entitlement to severance pay. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 4 years, 6 months, and 29 days of creditable active service.
6. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Achievement Medal (2nd Award), Good Conduct Medal, National Defense Service Medal, Kosovo Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, NATO Medal, Driver and Mechanic Badge with Driver - T Bar, and Driver and Mechanic Badge with Driver - W Bar.
7. His records do not contain official orders awarding him the Combat Infantryman Badge.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. It states 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, 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. The Combat Infantryman Badge is not authorized for service in Kosovo.
9. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a combat patch. In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records.
DISCUSSION AND CONCLUSIONS:
1. With respect to the Combat Infantryman Badge, his infantry MOS and his service with an infantry unit in Kosovo are not in question. However, the Combat Infantryman Badge is not authorized for service in Kosovo.
2. With respect to award of the combat patch, the applicants shoulder sleeve insignia former wartime service is an item of clothing it is not an award or decoration; therefore, it is not authorized for entry on the DD Form 214 or any other place in military records.
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) AR20100000042
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100000042
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120018058
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 and a right shoulder combat patch. Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the Combat Infantryman Badge may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and...
ARMY | BCMR | CY2012 | 20120001122
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show any medals or awards to which he is entitled for his participation in support of Operation Just Cause in Panama with Company B, 1st Battalion, 508th Parachute Infantry Regiment, such as the: * Combat Infantryman Badge * Combat Patch * Armed Forces Expeditionary Medal * Army Superior...
ARMY | BCMR | CY2009 | 20090005422
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Kuwait and all of the awards and decorations that he earned during his participation in Operations Desert Shield/Desert Storm to include the Combat Action Badge/Ribbon. Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. The available evidence of record shows that the...
ARMY | BCMR | CY2007 | 20070011538
Evidence of record shows that the applicant's record contained a DA Form 268, dated 26 July 1994, that may have been used as grounds by the immediate commander to deny the applicant award of the Good Conduct Medal. Therefore, the applicant is entitled to correction of his records to show award of the Army Service Ribbon. 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 to award the...
ARMY | BCMR | CY2004 | 20040011093C070208
He further states that his unit was awarded various unit awards but none were included in his records. The Combat Action Ribbon is a Department of the Navy award; therefore, this Board does not have authority to award the Combat Action Ribbon and it is not discussed further in these Proceedings. As a result, the Board recommends denial of so much of the application that pertains to award of the Combat Infantryman Badge, the Presidential Unit Citation, the Combat Patch, and amending his DD...
ARMY | BCMR | CY2010 | 20100000922
Application for correction of military records (with supporting documents provided, if any). Therefore, there is insufficient evidence to support correction of his records to show two awards of the Army Achievement Medal. In addition, there are no orders or other evidence in the applicant's military service records that shows he was awarded the Combat Infantryman Badge.
ARMY | BCMR | CY2011 | 20110011681
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two Army Achievement Medals, the Combat Medical Badge, and Unit Combat Patch (taken to mean a shoulder sleeve insignia-former wartime service (SSI-FWTS)). His records do not contain any evidence that indicate he was ever awarded or authorized any Army Achievement Medals, the Combat Medical Badge, and Unit Combat Patch. There are no orders or sufficiently corroborating...
ARMY | BCMR | CY2011 | 20110002953
Application for correction of military records (with supporting documents provided, if any). The applicant requests his service in the DMZ in Korea be shown on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 27 March 1975. The applicant requested award of the Combat Infantryman Badge.
ARMY | BCMR | CY2008 | 20080000418
The applicant requests correction of his records as follows: a. show completion of the Ranger, Airborne, and Air Assault Courses; b. show his service in support of Operations Desert Shield/Storm during the Gulf War; c. show award o the Combat Infantryman Badge and the Good Service Medal (sic) [the Good Conduct Medal]; d. show the combat badge (sic) [the shoulder sleeve insignia for former wartime service or commonly known as the combat patch]; and e. show the correct rank/grade. The...
ARMY | BCMR | CY2007 | 20070000274
The DD Form 214 (Certificate of Release or Discharge from Active Duty) the applicant was issued at the time of his discharge confirms he was discharged and his characterization of service was under other than honorable conditions. Army Regulation 635-5, (Personnel Separations) governs the requirements for listing military education on the DD Form 214. Therefore, the applicant is not entitled to a general discharge or an honorable discharge.