IN THE CASE OF:
BOARD DATE: 14 December 2010
DOCKET NUMBER: AR20100016026
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 he was in Bosnia from February 1999 to September 1999. His military occupational specialty (MOS) was 11B1O.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) listing a separation date of 31 October 1999.
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's records show he enlisted in the Regular Army on 1 November 1996. He was awarded MOS 11B (Infantryman).
3. His records show he was assigned to Headquarters and Headquarters Company, 1st Battalion, 87th Infantry, Fort Drum, New York, from 1 September 1997 to 31 October 1999.
4. His records further show he deployed with his unit to Bosnia where he served from 17 February 1999 to 29 August 1999.
5. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged on 31 October 1999. He completed 3 years of creditable active duty service.
6. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Armed Forces Service Medal, North Atlantic Treaty Organization Medal, Army Commendation Medal, Army Achievement Medal, Armed Forces Expeditionary Medal, Humanitarian Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Grenade Bar.
7. His records do not contain official orders awarding him the CIB.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. It states that 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. The CIB is not authorized for service in Bosnia.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the CIB because he was performing duty in MOS 11B in an infantry unit in Bosnia.
2. The applicant was infantryman assigned to an infantry unit in Bosnia. However, the CIB is not authorized for service in this location.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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 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) AR20100000042
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100016026
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