IN THE CASE OF:
BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20100009184
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.
2. The applicant states that he was not awarded or issued the Combat Infantryman Badge.
3. The applicant provides, in support of his application, a copy of his 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. The applicant enlisted in the Regular Army on 2 December 1986. He completed his initial training and was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).
3. On 14 April 1987, the applicant was assigned for duty as a radio telephone operator with the 1st Battalion, 15th Infantry Regiment, in the Federal Republic of Germany. He was reassigned on 24 May 1991 for duty as a squad leader with
D Company, 4th Battalion, 12th Infantry Regiment. He returned to the United States on 11 February 1993 for duty at Fort Benning, Georgia.
4. On 28 February 1996, the applicant was discharged. He had attained the rank of sergeant, pay grade E-5, and had completed 9 years, 2 months, and
29 days of creditable active duty.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Army Achievement Medal (2nd Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size.
2. Furthermore, the evidence of record indicates that he had served in Southwest Asia. However, there is no available evidence showing conclusively that he engaged in active ground combat. Therefore, his request for award of the Combat Infantryman Badge should not be granted.
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) AR20100009184
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ABCMR Record of Proceedings (cont) AR20100009184
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