BOARD DATE: 25 January 2011
DOCKET NUMBER: AR20100017446
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 item 13 (Decorations, Medals, Badges, citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge.
2. The applicant states:
* the Combat Infantryman Badge orders were issued to him without an orders number or date awarded
* his DD Form 214 needs to indicate that he was awarded the Combat Infantryman Badge
* he believes the error and injustice of not writing his Combat Infantryman Badge orders number and date awarded on the list of Soldiers approved for the award is a deliberate act of discrimination against him
3. The applicant provides:
* a listing of Company A, 3rd Battalion, 297th Infantry Soldiers showing the order numbers and the dates that each Soldier was awarded the Combat Infantryman Badge
* his DD Form 214 for the period ending 11 August 2006
* a Headquarters, 2nd Battalion, 299th Infantry memorandum, subject: Statement of Service, dated 28 January 2006
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 available records show the applicant was a member of the Hawaii Army National Guard (HIARNG) on 13 June 2005, when he was ordered to active duty in support of Operation Iraqi Freedom (OIF).
3. He was assigned to Company A, 3rd Battalion, 297th Infantry in an infantryman military occupational specialty.
4. The applicant was retired on 11 August 2006 by reason of physical disability and he was transferred to the Retired Reserve. The DD Form 214 he received shows he was awarded the:
* Army Commendation Medal (Second Award)
* Army Achievement Medal (Sixth Award)
* Army Good Conduct Medal (Second Award)
* Army Reserve Component Achievement Medal (Second Award)
* National Defense Service Medal (Second Award)
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (Second Award)
* Armed Forces Reserve Medal with M Device (Second Award)
5. The applicants records do not show he engaged in active ground combat while he was in the Army or that orders were published awarding him the Combat Infantryman Badge.
6. The applicant submits a list of Soldiers assigned to Company A, 3rd Battalion, 297th Infantry who were approved for award of the Combat Infantryman Badge. This list shows the orders number and the date each Soldier was awarded the Combat Infantryman Badge. The applicants name is shown on the list; however, the orders number and the date of the award were left blank next to his name.
7. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. His supporting documents have been considered; however, there is no evidence in the available records showing that orders were ever published awarding him the Combat Infantryman Badge.
2. The list that he submits showing the Soldiers who were approved for the Combat Infantryman Badge shows his name; however, the orders number and the date of the award were left blank next to his name. The list does not substantiate that he was awarded the Combat Infantryman Badge.
3. There is no evidence in the available record and the applicant has not submitted any corroborating evidence showing that he engaged in active ground combat, while he was performing duties as an infantryman, assigned to an infantry unit. He also has not shown that he was discriminated against or that he met the criteria contained in Army Regulation 600-8-22 for award of the Combat Infantryman Badge.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20090005994
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100017446
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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