IN THE CASE OF:
BOARD DATE: 26 May 2011
DOCKET NUMBER: AR20100028106
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).
2. The applicant states he was told after the Gulf War that he was eligible for 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 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 DA Form 2A (Personnel Qualification Record Part I), dated 24 October 1991, shows:
a. his primary military occupational specialty (MOS) as 11B1P [Infantryman with airborne qualification] and
b. his assignment to Company B, 2nd Battalion, 502nd Infantry Regiment, on 23 August 1991.
3. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) shows that:
a. he served in Saudi Arabia from 8 September 1990 to 11 April 1991 and
b. he was awarded the Parachutist Badge, Army Service Ribbon, National Defense Service Medal, Driver and Mechanic Badge with Driver-W Bar, Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal (Saudi Arabia), Army Lapel Button, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
4. The applicant's DD Form 214 shows:
a. he enlisted in the Regular Army on 14 June 1989 and was awarded MOS 11B1P;
b. he was assigned to Company C, 3rd Battalion, 502nd Infantry Regiment;
c. he was honorably released from active duty on 29 June 1992; and
d. his awards are shown as the Army Good Conduct Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Grenade Bar, Army Lapel Button, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Driver and Mechanic Badge with Driver-W Bar, Air Assault Badge, and Parachutist Badge.
5. Army Regulation 600-8-22 (Military Awards) states:
a. The CIB 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.
b. Recommendations for awards of badges will be submitted through command channels to the commander authorized to make the award. Awards of the CIB will be announced in permanent orders by commanders authorized to make the award or in permanent orders by Headquarters, Department of the Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the CIB.
2. The evidence clearly shows the applicant was awarded an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size. It also indicates he served with the same infantry regiment while assigned in Saudi Arabia; however, it does not sufficiently show he ever engaged in active ground combat.
3. In view of the above, the applicant's request should be denied.
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) AR20100023626
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100028106
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100013382
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Infantryman Badge (CIB). Notwithstanding his sincerity regarding his entitlement to this badge, in the absence of evidence that he actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case. _______ _ X___ ___ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2005 | 20050003261C070206
The evidence of record confirms the applicant was awarded the MSM and ARCOM during his active duty tenure, as evidenced by entries in Item 9 of the applicant’s DA Form 2-1 and documents on file in his MPRJ. In this case, the award documents on file in the applicant’s record confirm he served in the primary duty of driver during his assignment to SWA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the...
ARMY | BCMR | CY2009 | 20090004204
The applicant requests correction of his DD Form 214 (Certificate of or Discharge from Active Duty) to include the award of the Combat Infantryman Badge (CIB) and any additional awards to which he may be entitled. There is no evidence in the available records and the applicant has not provided any evidence to show he was actively engaged in ground combat with enemy forces during the Persian Gulf War. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2011 | 20110014518
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 any other medals and decorations that may have been given for Operation Desert Storm. The applicant provides no evidence. 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 CIB in this case.
ARMY | BCMR | CY2009 | 20090016415
The applicant requests award of the Combat Infantryman Badge (CIB). It does not show award of the CIB. 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 CIB in this case.
ARMY | BCMR | CY2013 | 20130020064
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Kuwait Liberation Medal and the Southwest Asia Service Medal. The dates he served in Southwest Asia are on his DD Form 214, but the awards are not listed. The applicant served during a qualifying period for award of the Korea Defense Service Medal, the Southwest Asia Service Medal with 2 bronze service stars, the KLM-SA, and the KLM-KU.
ARMY | BCMR | CY2011 | 20110012879
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. He submitted a DA Form 4187, dated 8 November 1991, which shows his grade as CPL and his MOS as 63T1O. Therefore, he is not entitled to correction of his DD Form 214 to show his rank/grade as CPL at the time of his separation.
ARMY | BCMR | CY2011 | 20110008101
He also states that upon completion of his active duty service he was awarded the ARCOM and the DA Form 638-1 (Recommendation for Award) documenting this award also shows he had been previously awarded the CIB. There are no orders or other documents in the applicants NPRC file that show he was ever recommended for or awarded the ARCOM or the CIB by proper authority while serving on active duty. He provides extract from another applicant's ABCMR Record of Proceedings which shows, in part,...
ARMY | BCMR | CY2015 | 20150001089
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Armed Forces Expeditionary Medal (AFEM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 25 May 1995 through 24 May 1998; and b. adding to his DD Form 214 the Army...
ARMY | BCMR | CY2005 | 20050006342C070206
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s record shows he served on active duty as a member of the Army National Guard (ARNG) from 31 July 1989 through 3 November 1989. Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.