IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100017739
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 combat and the CIB is not recorded in his records.
3. The applicant did not provide any additional documentary evidence.
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
15 July 1998. He was awarded military occupational specialty (MOS) 11B (Infantryman).
3. His DA Form 2-1 (Personnel Qualification Record) shows in item 35 (Current and Previous Assignments) that he was assigned to the 1st Battalion, 6th Infantry in Germany in MOS 11M (Fighting Vehicle Infantryman) from 4 January 1999 to 9 January 2002. His next assignment was with the 3d Battalion, 7th Infantry, Fort Stewart, GA, where he was assigned duty in MOS 11B from 11 June 2002, until he was discharged.
4. He was issued a DD Form 214 on 23 April 2004, reflecting he was discharged under honorable conditions under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 18, as a weight control failure. He completed 5 years, 9 months, and 9 days of creditable active duty service.
5. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:
a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded the Army Achievement Medal, Presidential Unit Citation (Army), National Defense Service Medal, War on Terrorism Expeditionary Medal, War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Army Lapel Button.
b. item 18 that he served in Kuwait/Iraq from 25 January 2003 to
12 July 2003.
6. His Enlisted Record Brief shows in Section VIII (Awards and Decorations) that he was awarded the Army Achievement Medal, Presidential Unit Citation (Army), National Defense Service Ribbon, Army Service Ribbon, and the Global War on Terrorism Medal.
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.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was an infantryman assigned to an infantry unit in Kuwait/Iraq. However, there is no available evidence that his unit was engaged in active ground combat or that he was awarded the Combat Infantryman Badge.
2. 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.
3. 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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ABCMR Record of Proceedings (cont) AR20100017739
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