BOARD DATE: 13 September 2011
DOCKET NUMBER: AR20110004947
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) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award.
2. The applicant states, in effect, that he served in Operation Desert Storm with the 82nd Airborne Division from 1990 to 1991; however, he was not present to be awarded the CIB. He further states he was presented with the Operation Desert Storm ribbon [Southwest Asia Service Medal], but not the CIB.
3. The applicant provides 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. On 13 November 1986, the applicant enlisted in the Regular Army. He completed one-station unit training and he was awarded military occupational specialty (MOS) 11B (Infantryman).
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Southwest Asia during Operations Desert Shield and Desert Storm, from 15 August 1990 to 1 April 1991.
4. His record contains a signed DA Form 2173 (Statement of Medical Examination and Duty Status) that indicates on 7 December 1990, while in the Kingdom of Saudi Arabia, he injured his right knee while participating in a unit sporting activity. This form further indicates he was medically evacuated to Fort Bragg, NC on 24 December 1990.
5. On 18 September 1991, he was honorably discharged by reason of physical disability with severance pay. The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.
6. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB.
7. There are no official orders in his available record awarding him the CIB.
8. A review of the applicant's available record does not show he was engaged in active ground combat while serving in Southwest Asia.
9. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. 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. Combat service or campaign credit alone is not sufficient to award the CIB.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the CIB and correction of his DD Form 214 to show this award was carefully considered; however, there is insufficient evidence to support his request.
2. The applicant's infantry MOS and assignment to an infantry unit are not in question. However, there is no evidence in the available record, and he did not submit any evidence, that substantiates his engagement in active ground combat with an infantry unit of brigade or smaller size while in Southwest Asia. Furthermore, the evidence of record shows he was medically evacuated to Fort Bragg, NC prior to the commencement of ground combat in January 1991.
3. In view of the foregoing, there is an insufficient basis to grant relief in this case.
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) AR20100000695
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110004947
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002070213C070402
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. There is no evidence in the...
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 | CY2013 | 20130004385
His DD Form 214 shows his last duty assignment as Company C, 2nd Battalion, 7th Infantry Regiment. The evidence of record shows he served in the Southwest Asia from 27 August 1990 to 24 March 1991. _______ _ 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.
ARMY | BCMR | CY2009 | 20090007352
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 September 1991 to show the Army Achievement Medal, Army Good Conduct Medal, Southwest Asia Service Medal with 2 bronze service stars, Combat Infantryman Badge, Expert Infantryman Badge, Kuwait Liberation Medal-Government of Kuwait, and the Kuwait Liberation Medal-Saudi Arabia. There are no orders in the applicant's military personnel records awarding him the...
ARMY | BCMR | CY2012 | 20120004292
Additionally, he requests award of the Combat Infantryman Badge (CIB) and the Southwest Asia Service Medal (SWASM). His military service records do not contain any orders awarding him the CIB. There is no evidence in the available records to show the applicant should be awarded the CIB.
ARMY | BCMR | CY2010 | 20100006998
The applicant requests reconsideration of his earlier petition to add the Combat Infantryman Badge (CIB) and Army Commendation Medal (ARCOM) to his record and DD Form 214 (Certificate of Release or Discharge from Active Duty). Further, the third-party statement provided from a Soldier who served with the applicant during Operation Desert Storm corroborates his participation in combat operations with the unit. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2001 | 2001056052C070420
By regulation, there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat. In addition, although authorized subsequent to his separation, based on his service in Southwest Asia during Operation Desert Storm, the applicant is clearly entitled to both the KLM-SA...
ARMY | BCMR | CY2014 | 20140019547
Army Regulation 600-8-22, as amended by Military Personnel Message 08-190, states the CIB 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. Although the applicant contends that his unit was awarded the CIB after his discharge, the CIB is an individual award and not a unit award. As a result, the Board recommends that all...
ARMY | BCMR | CY2006 | 20060010590
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). Although the applicant's records show he was awarded an infantry MOS and served as an infantryman in an infantry unit while assigned to SWA, there is no evidence he served satisfactorily during active ground combat and was personally "present under hostile fire. Therefore, the applicant has not met the requirements for award of the...
ARMY | BCMR | CY2010 | 20100024738
He was honorably released from active duty on 15 July 1991 to the control of his ARNG unit. With respect to his service in Korea, the evidence of record shows the applicant served in Korea as a rifleman to Company A, 2nd Battalion, 8th Cavalry from 22 May 1964 to 25 June 1965. Therefore, there is insufficient evidence to support awarding him the CIB for this period of service.