IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100028033
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 saw combat in Operation Desert Storm as a member of Company A, 4th Battalion, 67th Armor. He feels this qualifies him for the CIB.
3. The applicant provides:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* an internet document "Units of the 3rd Armored Division in the Gulf War"
* internet maps showing unit deployments on 24-28 February 1991
* internet roster directory for Headquarters, 4th Battalion, 67th Armor
* partial internet roster for Alpha Company, 4th Battalion, 67th Armor (task organized with 5th Battalion, 18th Infantry)
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 5 July 1990. He served until
23 April 1992 when he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) by reason of a locally-imposed bar to reenlistment.
3. The applicant's record shows he held military occupational specialty (MOS) 19K (M1 Abrams Armor Crewman) and he served in armor units. He served in Southwest Asia during Operation Desert Storm from 5 January 1991 to 17 June 1991.
4. 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant believes he should be awarded the CIB.
2. All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises. The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge.
3. There is no evidence the applicant was awarded an infantryman MOS, he was not assigned to an infantry unit while it was engaged in active ground combat, and there is no evidence he participated in such ground combat with an infantry unit. Therefore, there is no basis for granting his 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 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) AR20100028033
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ABCMR Record of Proceedings (cont) AR20100028033
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