IN THE CASE OF:
BOARD DATE: 27 July 2010
DOCKET NUMBER: AR20100000114
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 is sending the "award letter" which proves his entitlement to the CIB.
3. The applicant provides:
* a letter from the Anoka County (MN) Veterans Service Office
* a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 20030210-20040121
* Permanent Orders 260-9, Headquarters, 457th Transportation Battalion, Fort Snelling, MN, dated 17 September 1999, awarding the Driver and Mechanic Badge with Driver-W Bar
* Order 345-23, Headquarters, Fort McCoy, WI, dated 11 December 2003, release from active duty
* Orders M-039-0027, 88th Regional Support Command, Fort Snelling, dated 8 February 2003, order to active duty
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 US Army Reserve and was assigned to the 353rd Transportation Company, Buffalo, MN on 11 August 1997. He was ordered to active duty for training, completed the training requirements, and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).
3. The applicant's DD Form 214 shows he served on active duty in Iraq in support of Operation Iraqi Freedom from 20030210-20040121. He served with the 353rd Transportation Company in MOS 88M.
4. There are no orders in the applicant's records awarding him the CIB.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph 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. 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 is not entitled to award of the CIB. He was not an infantryman; he was not assigned to an infantry unit; there is no record he participated in active ground combat.
2. The record clearly shows the applicant was a motor transport operator and served in that capacity in Iraq.
3. 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 this requirement.
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) AR20100000114
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100000114
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