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ARMY | BCMR | CY2010 | 20100028106
Original file (20100028106.txt) Auto-classification: Denied

		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



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ABCMR Record of Proceedings (cont)                                         AR20100028106



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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