IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110005752
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.
2. The applicant states his two Armed Forces Expeditionary Medals and the United Nations Medal are evidence of his combat service in Somalia during October 1993 and in Haiti during 1994. He contends that he was awarded the Combat Infantryman Badge while serving with the 3rd Battalion, 75th Ranger Regiment.
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 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. On 29 October 1991, the applicant enlisted in the Regular Army. He completed his initial training to include the basic airborne course and ranger training. He was subsequently awarded military occupational specialty 11B2V (Infantryman with ranger qualification).
3. The applicant's DA Form 2-1 (Personnel Qualification Record -Part II) shows in:
a. Item 5 (Overseas Service): No entries;
b. Item 9 (Awards, Decorations and Campaigns):
* Army Service Ribbon
* National Defense Service Medal
* Parachutist Badge
* British Army Parachutist Wings
* Ranger Tab
* Noncommissioned Officer Professional Development ribbon with Numeral 1
* Expert Infantryman Badge
* Army Achievement Medal (four awards)
* Army Good Conduct Medal (first award)
* Armed Forces Expeditionary Medal (two awards)
* Pathfinder's Badge
* German Armed Forces Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
c. Item 27 (Remarks): "Duty in imminent danger pay area Somalia 931006-931024" [19 days]; and
d. Item 35 (Record of Assignments):
* 16 April 1992 - 31 August 1994: Company A, 3rd Battalion, 75th Ranger Regiment
* 1 September 1994 - 24 February 1996: Headquarters and Headquarters Company, 75th Ranger Regiment
4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. It states that there are basically three requirements for award of the Combat Infantryman Badge.
a. 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.
b. The Combat Infantryman Badge is authorized for a number of qualifying wars, conflicts, and operations, including Somalia (5 June 1992 to 31 March 1994). It is not authorized of any operations in Haiti.
5. Army Regulation 600-8-22 further provides that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. It is authorized for a number of designated military operations, including Somalia (5 December 1992 to 31 March 1995) and Haiti (16 September 1994 to 31 March 1995).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge based on service in Somalia and Haiti.
2. The available evidence of record clearly shows that the applicant served with the 3rd Battalion, 75th Rangers, as an infantryman and that he served in Somalia for 19 days in October 1993. Unfortunately, his records do not contain sufficient documentation showing that he participated in actual ground combat or that he was awarded the Combat Infantryman Badge.
3. He could have been awarded the Combat Infantryman Badge while in Somalia, but it was not authorized for award during operations in Haiti. However, the applicant's argument that his two awards of the Armed Forces Expeditionary Medal are proof of his combat service is insufficient to show he actively participated in ground combat.
4. In view of the foregoing, 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 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) AR20110005752
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ABCMR Record of Proceedings (cont) AR20110005752
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