IN THE CASE OF:	  

		BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100011591 


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 the CIB is missing from his DD Form 214 (Certificate of Release or Discharge from Active Duty) and he would like it added.  He contends he should be entitled to award of the CIB because he met all the requirements.  He contends he participated in active ground combat in Southwest Asia during the period August 1990 to June 1991.

3.  The applicant provides a copy of his DD Form 214 for the period ending 22 October 1995.

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.  A copy of his DD Form 214 for the period ending 4 December 1991 shows the applicant enlisted in the Regular Army on 28 December 1984.  Item 11 (Primary Specialty) of this form shows he was awarded two military occupational specialties (MOS):  16S (Man Portable Air Defense System (MANPADS) Crewmember) and 11B (Infantryman).  He was honorably released from active duty (REFRAD) on 4 December 1991 and transferred the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He served a total of 6 years, 11 months, and 7 days of net active service during this period.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the same DD Form 214 shows he was awarded the Army Good Conduct Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon with Numeral 2, Overseas Service Ribbon (2nd Award), Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Army Lapel Button, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Army Achievement Medal with two oak leaf clusters, Driver and Mechanic Badge, Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and Army Commendation Medal with two oak leaf clusters.

4.  The applicant provides a copy of a DD Form 214 for the period ending 22 October 1995.  This form shows he again enlisted in the Regular Army on 23 October 1992 for a period of 3 years.  He was honorably REFRAD on 22 October 1995 and transferred to the USAR Control Group (Reinforcement).  He completed a total of 3 years of net active service during this period.  This form also shows he completed 6 years, 11 months, and 7 days of prior active service; 10 months and 1 day of prior inactive service; and 5 years, 10 months, and 1 day of foreign service.

5.  Item 14 (Military Education) of the same DD Form 214 shows he completed training in MOS 16S (MANPADS Pedestal Mounted Stinger Crewmember) in May 1985 and training in MOS 11B in August 1987.  Item 18 (Remarks) shows he served in Southwest Asia during the period 1 August 1990 to 1 May 1991.

6.  A copy of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II) does not show his assignments during his initial enlistment in item 35 (Record of Assignments).  His records are void of any evidence showing he served as an 11B in an infantry unit during either of his enlistments.

7.  Army Regulation 600-8-22 (Military Awards) provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry 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 applicant's request for award of the CIB was carefully considered; however, it is not supported by the available evidence.

2.  To support award of the CIB, the applicant is required to have been an infantryman performing infantry duties while assigned to an infantry unit engaged in active ground combat and must have personally participated in such ground combat.

3.  The DD Form 214 provided by the applicant does confirm that he held an infantry MOS with an effective date of August 1987.  However, there is insufficient evidence which shows he was serving in that MOS and engaged in active ground combat during his tour of duty in Southwest Asia with an infantry unit.  Therefore, there is insufficient evidence to show the applicant met all of the requirements 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)                                         AR20100011591



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ABCMR Record of Proceedings (cont)                                         AR20100011591



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