IN THE CASE OF:
BOARD DATE: 22 February 2011
DOCKET NUMBER: AR20100021251
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 the Combat Infantryman Badge.
2. The applicant states his DD Form 214 does not reflect the Combat Infantryman Badge.
3. The applicant provides 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 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. Having had prior service in the Army National Guard, the applicant's records show he enlisted in the Regular Army (RA) on 22 January 1999 and held military occupational specialty (MOS) 11B (Infantryman).
3. On 13 February 2001, he also executed a 6-year reenlistment and attained the rank of sergeant/E-5. He was assigned to C Company, 1st Battalion, 327th Infantry, Fort Campbell, KY.
4. His records show he served in Kuwait/Iraq in support of Operation Iraqi Freedom; however, his period of service cannot be determined.
5. On 26 April 2004, he was honorably discharged by reason of disability with entitlement to severance pay. His DD Form 214 shows in:
* item 12f (Foreign Service) "0000 04 15"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Army Good Conduct Medal
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* National Defense Service Medal
* Army Service Ribbon
* item 18 (Remarks) does not show service in an imminent danger/ hazardous fire pay area
6. His records do not contain official orders awarding him the Combat Infantryman Badge.
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 applicant contends his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.
2. The applicant held an infantry MOS. However, his records do not contain permanent orders awarding him the Combat Infantryman Badge. Additionally, there is no evidence in the available records and the applicant did not submit sufficient evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy.
3. Notwithstanding the applicant's sincerity regarding his entitlement to this badge, in the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.
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) AR20100021251
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ABCMR Record of Proceedings (cont) AR20100021251
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