IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100020850 


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 award of the Combat Infantryman Badge (CIB) and his contributions to the Montgomery GI Bill (MGIB).

2.  The applicant states:

	a.  while he was stationed in the Persian Gulf, paperwork was submitted for his award of the CIB; however, it does not appear on his DD Form 214;

	b.  although he paid for the MGIB, his DD Form 214 incorrectly shows he did not; and

	c.  he would like to know how to obtain his MGIB benefits.

3.  The applicant provides the following:

* Department of Public Services letter, dated 4 August 2010
* a copy of his DD Form 214

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 record shows he enlisted in the Regular Army on 5 September 1989.  He was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).

3.  His official military personnel file (OMPF) includes a DD Form 2366 (Veterans Educational Assistance Act of 1984 (New GI Bill)).  It shows he enrolled in the "New GI Bill" on 8 September 1990 based on his initial entry on active duty which began on or after 1 July 1985.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 5 December 1990 through 23 March 1991.  Item 35 (Record of Assignments) does not show his unit of assignment during his tour of duty in Southwest Asia (SWA).

5.  The applicant's OMPF includes Headquarters, I Corps and Fort Lewis, Orders 238-810, dated 20 December 1990, which directed his deployment to SWA in support of Operation Desert Shield.  It shows he was assigned to Company C, 2nd Battalion, 60th Infantry Regiment.

6.  His OMPF is void of any orders or documents that indicate he was ever recommended for or awarded the CIB while serving in SWA or at any other time during his military service.

7.  On 4 May 1992, the applicant was discharged from active duty in the rank of private first class.  

8.  Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not include the CIB among the awards listed.  Item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)) shows the entry "No."

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on badges and tabs of U.S. origin.  Paragraph 8-6 contains guidance on the CIB criteria and requires that the member was an infantryman satisfactorily performing infantry duties; that he was assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and that he was present with his qualifying infantry unit and actively participated in such ground combat.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item guidance on the preparation of the DD Form 214.  It states that item 15a shows a "Yes" or "No" entry.  If a Soldier contributed to VEAP and did not get money back, mark "Yes."  For those who enlisted before 1984, contributed to VEAP, and received their money back, mark "No."  For any Soldier who enlisted after 1985, mark "No."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his entitlement to the CIB and MGIB benefits.

2.  The evidence clearly shows the applicant was awarded an infantry MOS and he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in SWA.  However, it does not sufficiently show he ever engaged in active ground combat with his infantry unit.  Therefore, his request for award of the CIB should not be granted at this time.

3.  With respect to an entry regarding the MGIB on the DD Form 214, there is no provision in the regulation that governs the DD Form 214 to annotate an entry regarding the MGIB on this form.  The entry in item 15a pertains to contributions towards a post-Vietnam era VEAP.  The applicant enlisted after 1985; therefore, item 15a is correctly annotated as "No."  Further, the determination of eligibility for MGIB benefits is not within the purview of this Board.  MGIB eligibility questions should be addressed to the Department of Veterans Affairs.

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)                                         AR20100020850



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ABCMR Record of Proceedings (cont)                                         AR20100020850



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