IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100016919
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) by awarding him the Combat Infantryman Badge (CIB).
2. He provides no statement with his request.
3. He provides no documentary evidence 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 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. His record shows he enlisted in the Regular Army and entered active duty on 13 January 1986. After the completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Infantryman).
3. A copy of his DD Form 214 shows in item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) the following awards:
* South West Asia (SWA) Service Medal with two bronze service stars
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Kuwait Liberation Medal (Saudi Arabia)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button
4. Item 18 (Remarks) of his DD Form 214 confirms he served in SWA from
1 September 1990 to 29 March 1991.
5. A copy of a DA Form 428 (Application for Identification Card) shows he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 18th Infantry, 197th Infantry Brigade, Fort Benning, GA while serving on active duty.
6. His records contain a copy of a letter from the Army Human Resources Command, Military Awards Branch, dated 6 October 2009 which denied his request for award of the CIB. However, a DD Form 215 (Correction to DD Form 214) was issued which added the Kuwait Liberation Medal (Kuwait) to item 13 of his DD Form 214.
7. There is no evidence or documentation in his record and he has not provided any documentation to show he was actually engaged in active ground combat. An example of such evidence would be award orders, certificates or unit award which indicates participation in ground combat.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Chapter 8 of the award regulations contains guidance on award of combat badges. It states, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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. His claim of entitlement to the CIB was carefully considered. However, it is not supported by the evidence of record.
2. His record confirms he served in SWA from 1 September 1990 to 29 March 1991, in an infantry MOS, and in an infantry unit; however, he has not provided sufficient evidence to show he participated in active ground combat.
3. In the absence of evidence to show he participated in active ground combat there is no basis to grant the requested relief. Therefore, he is not entitled to award of the CIB and to have this award added to his DD Form 214.
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) AR20100016919
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ABCMR Record of Proceedings (cont) AR20100016919
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