IN THE CASE OF:
BOARD DATE: 20 July 2010
DOCKET NUMBER: AR20100000935
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, in effect, that he deployed in support of Operation Desert Storm with the 24th Infantry Division.
3. The applicant provides no additional documents in support of his application.
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. The applicant's military records show he enlisted in the Regular Army on 2 October 1986. After completion of basic and advanced individual training, he was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).
He served in Saudi Arabia from 17 August 1990 to 16 March 1991. He was honorably released from active duty on 6 September 1991.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the CIB. The applicant's military service records do not contain any general orders awarding him the CIB.
4. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) does not show his principal duty or unit of assignment/attachment during his deployment to Saudi Arabia.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB and paragraph 8-6k specifies that for the Persian Gulf War (Operation Desert Storm), individuals must have met the criteria in paragraphs 8-6b and 8-6c to be awarded the CIB during the period 17 January 1991 to 11 April 1991. These paragraphs state 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. Specific requirements state that an Army enlisted Soldier must have an infantry or special forces specialty and he must have 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. There is no evidence in the available records to show the applicant should be awarded the CIB. There is no evidence that the applicant performed infantry duties and served in an infantry unit of brigade size or smaller while in active ground combat, which is required by regulation for award of the CIB.
2. In view of this fact, there is an insufficient basis for award of the CIB.
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) AR20100000935
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