IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100027417
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 he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states that a review of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he is entitled to award of the CIB.
3. The applicant provides 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 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 applicant enlisted in the Regular Army on 1 February 1977 in Oklahoma City, Oklahoma for a period of 3 years, training as an infantryman and assignment to Fort Sill, Oklahoma. He completed his basic training at Fort Sill, Oklahoma and his advanced individual training at Fort Benning, Georgia before being transferred to Fort Sill.
3. He remained at Fort Sill until he was honorably released from active duty (REFRAD) in the pay grade of E-2 due to the completion of required service (ETS). He had served 3 years of total active service and he was awarded his marksmanship badges.
4. A review of his records failed to show that the applicant was awarded any individual decorations or awards or that he deployed to any conflicts with enemy forces.
5. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his records support award of the CIB has been noted and found to lack merit.
2. The applicant has failed to show through the evidence of record and the evidence submitted with his application any evidence that supports award of the CIB.
3. There is no evidence to show that he was ever engaged in combat with enemy forces or that he ever deployed to a hostile fire zone.
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) AR20100027417
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100027417
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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