IN THE CASE OF:
BOARD DATE: 2 June 2011
DOCKET NUMBER: AR20100027092
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, the CIB was omitted from his DD Form 214 at the time of discharge.
3. He did not provide any additional documentation.
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 military personnel record shows he enlisted in the Regular Army on
16 April 2002. After the completion of training, he was awarded military occupational specialty (MOS) 11B (Infantryman).
3. Section VIII (Awards and Decorations) of his Enlisted Record Brief (ERB) does not show he was awarded the CIB.
4. Section IX (Assignment Information) of his ERB shows he was assigned to Company A, 1st Battalion, 5th Infantry Regiment, from 4 September to
5 November 2002, serving in duty MOS 11B. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 36th Infantry Regiment, from
6 November 2002 until he was separated in MOS 11B.
5. On 6 April 2005, he was discharged under honorable conditions. He completed 2 years, 11 months, and 21 days of net active service and 2 years,
7 months, and 3 days of foreign service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the CIB. Item 18 (Remarks) shows he served in Iraq from 11 May 2003 to
20 June 2004.
6. His record is void of evidence showing he actively participated in ground combat against a hostile force while serving in Iraq.
7. Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the CIB may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat. Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces specialty/military occupational specialty and must 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. A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy, to close with and destroy the enemy with direct fires.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he served in MOS 11B, while assigned to an infantry unit during his tour in Iraq; however, there is no evidence showing and he has not provided sufficient evidence that he was actively engaged in ground combat against a hostile force while serving in Iraq.
2. In view of the foregoing, there is insufficient evidence on which to grant the 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) AR20100027092
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ABCMR Record of Proceedings (cont) AR20100027092
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