Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100000935
Original file (20100000935.txt) Auto-classification: Denied

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100000935



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120004292

    Original file (20120004292.txt) Auto-classification: Approved

    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 | CY2001 | 2001056052C070420

    Original file (2001056052C070420.rtf) Auto-classification: Approved

    By regulation, there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat. In addition, although authorized subsequent to his separation, based on his service in Southwest Asia during Operation Desert Storm, the applicant is clearly entitled to both the KLM-SA...

  • ARMY | BCMR | CY2005 | 20050003261C070206

    Original file (20050003261C070206.doc) Auto-classification: Approved

    The evidence of record confirms the applicant was awarded the MSM and ARCOM during his active duty tenure, as evidenced by entries in Item 9 of the applicant’s DA Form 2-1 and documents on file in his MPRJ. In this case, the award documents on file in the applicant’s record confirm he served in the primary duty of driver during his assignment to SWA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the...

  • ARMY | BCMR | CY2011 | 20110014518

    Original file (20110014518.txt) Auto-classification: Approved

    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 | CY2002 | 2002075373C070403

    Original file (2002075373C070403.rtf) Auto-classification: Approved

    The applicant requests correction of his records to show the Combat Infantryman Badge, the Kuwait Liberation Medal and the Bronze Star Medal. The applicant states that the Combat Infantryman Badge was never placed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). Based on the foregoing, the applicant is not entitled to award of the Combat Infantryman Badge because he did not serve in an infantry duty position during Operation Desert Storm.

  • ARMY | BCMR | CY2010 | 20100013248

    Original file (20100013248.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal (SWASM) and the Combat Infantryman Badge (CIB). Therefore, his records should be corrected to show award of the SWASM with one bronze service star. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the Southwest Asia Service Medal...

  • ARMY | BCMR | CY2009 | 20090004204

    Original file (20090004204.txt) Auto-classification: Approved

    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 | CY2002 | 2002081908C070215

    Original file (2002081908C070215.rtf) Auto-classification: Approved

    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 Board considered the applicant's contention that he served in the Persian Gulf from 19 January 1991 through 12 May 1991 with the 1st Infantry Division...

  • ARMY | BCMR | CY2009 | 20090008108

    Original file (20090008108.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant's military records show he enlisted in the Regular Army on 8 December 1988. There is no evidence in the available records to show that the applicant should be awarded the CIB.

  • ARMY | BCMR | CY2014 | 20140019547

    Original file (20140019547.txt) Auto-classification: Approved

    Army Regulation 600-8-22, as amended by Military Personnel Message 08-190, states the CIB 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 actively participating in such ground combat. Although the applicant contends that his unit was awarded the CIB after his discharge, the CIB is an individual award and not a unit award. As a result, the Board recommends that all...