IN THE CASE OF:	  

		BOARD DATE:	  26 July 2011

		DOCKET NUMBER:  AR20110000967


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:

* the Combat Infantryman Badge
* the Combat Action Ribbon from the Marines

2.  The applicant states he served in combat during Operation Iraqi Freedom and he was exposed to mortar fire and shot down.  As a U.S. enlisted Marine, he served in combat during Operation Desert Storm and that is not reflected on his DD Form 214.

3.  The applicant provides:

* his DD Form 214 for the period ending 21 June 2007
* an Honorable Discharge Certificate from the Georgia Army National Guard (GAARNG)
* an Honorable Discharge Certificate from the U.S. Marine Corps (USMC)
* miscellaneous USMC documents, including parachutist and scuba certificates
* GAARNG orders (to active duty)

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 had prior service in the USMC Reserve where he held the rank/grade of Gunnery Sergeant (GySgt/E-7).  He provided a NAVMC 118 (partially illegible) that lists his authorized awards.  The Combat Action Ribbon is not listed.  No DD Form 214 from his USMC service is available.

3.  On 27 October 2005, he enlisted in the GAARNG as an infantryman in the rank of Sergeant (SGT/E-5).  He was assigned to Company H, 121st Infantry Regiment.

4.  The applicant served on active duty in Iraq from 12 August 2006 through
17 April 2007.  There are no orders in his record that show he was awarded the Combat Infantryman Badge.

5.  Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the Combat Infantryman Badge 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.

6.  The U.S. Navy (USN) and USMC awarded the Combat Action Ribbon to those who, in any grade including and below that of a captain (Capt/O-6) in the Navy and Coast Guard or colonel (COL/O-6) in the USMC, have actively 


participated in ground or surface combat.  To be awarded the Combat Action Ribbon, the individual must have rendered satisfactory performance under enemy fire while actively participating in a ground or surface engagement.  

7.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Combat Infantryman Badge for his GAARNG service in Operation Iraqi Freedom and the Combat Action Ribbon for his USMC service in Operation Desert Storm, and states his combat during Operation Desert Storm is not reflected on his DD Form 214.

2.  Although he was an infantryman serving in an infantry unit during Operation Iraqi Freedom, there is no available evidence to show he participated in active ground combat with his unit.  There are no orders awarding the applicant the Combat Infantryman Badge.  Therefore, there is insufficient evidence on which to base adding the Combat Infantryman Badge to his DD Form 214.

3.  The applicant requests the Combat Action Ribbon for his USMC participation in Operation Desert Storm be added to his DD Form 214.  There is no evidence of record and the applicant provided no evidence to show he was awarded the Combat Action Ribbon.  

4.  The applicant can apply to the Board for Correction of Naval Records (BCNR) concerning this award.  Further information is available at the BCNR website at http://www.donhq.navy.mil/bcnr/bcnr.htm.

5.  The DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  Except for certain entries (e.g., awards), events that occurred outside the period covered by the DD Form 214 are not authorized for entry.  The applicant can also apply to the BCNR to have his Operation Desert Storm combat service added to his USMC DD Form 214.



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)                                         AR20110000967



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ABCMR Record of Proceedings (cont)                                         AR20110000967



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