IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100012471 


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 a second award of the Combat Infantryman Badge (CIB).  

2.  The applicant states the following:

* He received his first CIB for combat in Panama
* He was assigned to Company B, 1st Battalion, 187th Infantry Regiment in the Gulf War
* All the members of Company B were awarded the CIB in a mass formation at Fort Campbell, KY
* He was never given a copy of the orders
* His DA Form 2-1 (Personnel Qualification Record – Part II) shows only one award of the CIB

3.  The applicant provides orders for award of the CIB, dated 6 January 1990; 
orders for award of the Army Commendation Medal, dated 1 April 1991; and DA Form 2-1 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 enlisted in the Regular Army on 29 September 1988.  He completed training as an infantryman and was awarded military occupational specialty (MOS) 11B.  

3.  His DA Form 2-1 shows he served in Panama from 8 March 1989 to 31 May 1990 and in Saudi Arabia from 8 September 1990 to 9 April 1991.  

4.  Permanent Orders 2-4, dated 6 January 1990, show the applicant was awarded the CIB for service from 20 December 1989 to 6 January 1990.  These orders show he was assigned to Company C, 5th Battalion, 87th Infantry in Panama.  

5.  His service record does not contain orders which show he was awarded a second award of the CIB.  Item 9 (Awards, Decorations and Campaigns) on his DA Form 2-1 lists one award of the CIB.  

6.  The applicant provided orders, dated 1 April 1991, awarding him the Army Commendation Medal which shows he was assigned to Company B, 1st Battalion, 187th Infantry Regiment in Saudi Arabia.  

7.  The applicant was released from active duty on 11 December 1991.  His DD Form 214 shows one award of the CIB.  

8.  Army Regulation 600-8-22 (Military Awards) states 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.  The CIB is authorized for qualifying wars, conflicts, and operations in Panama (20 December 1989 to 31 January 1990) and Southwest Asia Conflict (17 January to 11 April 1991).

9.  Army Regulation 600-8-22 states a separate award of the CIB has been authorized for qualified Soldiers in any of four conflicts:  

	a.  World War II (7 December 1941 to 3 September 1945);

	b.  the Korean Conflict (27 June 1950 to 27 July 1953); 

	c.  the Vietnam Conflict (which includes service in Vietnam (2 March 1961 to 28 March 1973 and qualifying service in Laos (19 April 1961 to 6 October 1962)), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the demilitarized zone (4 January 1969 to 31 March 1994), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January to 11 April 1991); and 

	d.  the War on Terrorism (which includes Afghanistan, Operation Enduring Freedom; and Iraq, Operation Iraqi Freedom).

10.  Subsequent awards of the CIB are not authorized for the same qualifying period.  It is recognized by one award only regardless of whether a Soldier served one or multiple tours in any or all of these areas.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the CIB for service in Panama and this award is recorded on his DD Form 214.  

2.  Although the applicant contends all the members of Company B were awarded the CIB in a mass formation at Fort Campbell, KY there is no evidence in the available record to substantiate his claim.

3.  The evidence of record shows the applicant served in Saudi Arabia from 8 September 1990 to 9 April 1991.  

4.  The applicant’s service record shows he was awarded MOS 11B and he served as an infantryman with Company B, 1st Battalion, 187th Infantry Regiment in Saudi Arabia.  

5.  By regulation, the CIB has been authorized for qualified Soldiers in any of four conflicts, one of which is the Vietnam Conflict.  Panama and the Persian Gulf are included within the Vietnam Conflict.  Since the applicant has been awarded the CIB for service in Panama, he is not eligible for a second award of the CIB for his service in Saudi Arabia.  Therefore, the applicant is not eligible for a second award of the CIB.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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.



      _________________________
                 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)                                         AR20100012471



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ABCMR Record of Proceedings (cont)                                         AR20100012471



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