IN THE CASE OF:
BOARD DATE: 10 November 2010
DOCKET NUMBER: AR20100013382
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 the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, he served in Operation Desert Shield/Desert Storm with the 502nd Infantry Regiment, 101st Airborne Division but they failed to file the proper paperwork for his CIB and it is not on his DD Form 214.
3. The applicant provides a self-authored statement, his DD Form 214, two orders, and four certificates.
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's records show he enlisted in the Regular Army on 21 June 1988. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Infantryman). He was honorably released from active duty on 19 June 1992 and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation. He served a total of 3 years, 11 months, and 29 days of creditable active service with no lost time.
3. The applicant's records show he deployed to Saudi Arabia in support of Operation Desert Shield/Desert Storm from 26 December 1990 to 30 March 1991 while assigned to the 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Good Conduct Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar [M-16] and Grenade Bar, Army Lapel Button, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Army Achievement Medal, Kuwait Liberation Medal - Saudi Arabia, and Parachutist Badge.
5. His records do not contain permanent orders awarding him the CIB.
6. In a self-authored statement, the applicant states in effect:
* He needs his records to show award of the CIB to obtain the proper medical treatment from the Department of Veterans Affairs
* His DD Form 214 contains many errors but he only wants the CIB added
* He was assigned to Company A, 2nd Battalion, 502nd Infantry Regiment in Iraq during Operations Desert Shield/Desert Storm and they all received a CIB
* He earned two Army Achievement Medals (AAM) but only one is listed on his DD Form 214
* The Air Assault Badge that he earned is not on his DD Form 214
* His AAM certificate contains incorrect dates
7. He also provides:
* Orders showing he was assigned to 2nd Battalion, 502nd Infantry Regiment effective 28 December 1990
* Permanent Orders 90-3,dated 27 June 1990, showing award of the Air Assault Badge; however, these orders do not show who awarded the badge
* Two AAM certificates, dated 23 August 1990 and 5 August 1991
* Undated Operation Desert Shield and air assault certificates
8. 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 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 contends his DD Form 214 should be corrected to show he was awarded the CIB.
2. The applicant's infantry MOS and his assignment to an infantry unit during his service in Saudi Arabia are not in question. However, his records do not contain permanent orders awarding him the CIB. Additionally, there is no evidence in the available records and he did not submit any evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.
3. Notwithstanding his sincerity regarding his entitlement to this badge, in the absence of evidence that he 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.
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) AR20100013382
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ABCMR Record of Proceedings (cont) AR20100013382
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