IN THE CASE OF:
BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100014498
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 he received the CIB for his combat service in Operation Desert Storm in Iraq, but his DD Form 214 does not reflect this badge.
3. The applicant provides a letter from his former squad leader.
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 5 February 1987 after completing prior service in the Army National Guard. He completed the Bradley Fighting Vehicle (BFV) New Equipment Training Course in December 1987 and he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).
3. He served in Southwest Asia (SWA) from 20 August 1990 to 22 March 1991.
4. The applicants personnel record does not show he was awarded the CIB. Item 9 (Awards, Decorations and Campaigns) on his DA Form 2-1 (Personnel Qualification Record Part II) does not list award of the CIB.
5. The applicant was honorably released from active duty on 21 May 1992. His DD Form 214 does not show the CIB as an authorized award.
6. The applicant provided a letter of support from his former squad leader, a retired master sergeant, who stated the following:
* [The applicant] served in the 2nd Platoon, Company C, 3rd Battalion, 15th Infantry, 24th Infantry Division in Operations Desert Shield and Desert Storm (1990-1991)
* The applicants BFV was struck by friendly fire during the ground war
* The applicants BFV was struck by two depleted uranium anti-armor rounds
* The applicant earned the CIB for his service in the Gulf War
* The applicants DD Form 214 may not reflect the CIB because the orders for the CIB were delayed in being presented to the Infantry units that participated in Operation Desert Storm
7. 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 award for the Southwest Asia Conflict (17 January to 11 April 1991).
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the applicant's record and he has not provided any evidence which confirms he was awarded the CIB.
2. Although the applicant's records show he was awarded MOS 11M and served as an infantryman in SWA, there is no substantial evidence which shows he served during active ground combat and was personally present under hostile fire. Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the CIB.
3. The letter of support from the applicants former squad leader is acknowledged. However, this document alone is insufficient as a basis on which to correct the applicants DD Form 214 to show 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) AR20100014498
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ABCMR Record of Proceedings (cont) AR20100014498
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