IN THE CASE OF:	  

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110006379 


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 his foreign service in Southwest Asia and award of the Combat Infantryman Badge.

2.  The applicant states he does not know why there is no record of his service in Southwest Asia.

3.  The applicant provides no additional evidence.

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 records show he enlisted in the Regular Army on 12 September 1989 and he held military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).

3.  Subsequent to completing MOS training, he was assigned to the 1st Battalion, 5th Cavalry, Fort Hood, TX.

4.  On 7 May 1991, Headquarters, 2nd Brigade, 1st Cavalry Division, Fort Hood, TX, published Permanent Orders 46-2 awarding him the Army Achievement Medal (1st Oak Leaf Cluster) for meritorious achievement from 16 March 1991 to 5 April 1991.  The award recommendation shows the following entries:

* item 13 (Previous Awards) – Army Achievement Medal and Combat Infantryman Badge
* item 19 (Proposed Citation) – [Applicant's] enthusiasm, dedication, and hard work contributed significantly in the company's preparation for redeployment from the Kingdom of Saudi Arabia

5.  Item 5 (Foreign Service) of his DA Form 2-1 (Personnel Qualification Record) does not show any foreign service.  Additionally, item 9 (Awards, Decorations, and Campaigns) of this form does not show award of the Combat Infantryman Badge.

6.  His records do not contain deployment or redeployment orders to and from Southwest Asia or official orders awarding him the Combat Infantryman Badge.

7.  His name is not shown on the Gulf War Roster.

8.  He was discharged on 25 October 1991 under honorable conditions.  The DD Form 214 he was issued shows he completed 2 years, 1 month, and 14 days of creditable active service.  This form also shows the following entries:

* item 12f – "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Service Ribbon, National Defense Service Medal, Army Achievement Medal (2nd Award), and  Expert Marksmanship Qualification Badge with Rifle Bar
* item 18 (Remarks) – no service in a hazardous fire pay/imminent danger pay area

9.  Officials at the Defense Finance and Accounting Service, Indianapolis, IN, advised that verification of receipt of hazardous fire pay/imminent danger pay during Operations Desert Shield/Desert Storm must be requested individually by the member.

10.  The analyst of record contacted the applicant at the phone number he listed in his application in an attempt to obtain exact dates of service in Southwest Asia and supporting documents to substantiate his request; however, he did not answer his telephone.

11.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.

12.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge.  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.  Specific requirements state that an Army enlisted Soldier must have an infantry or special forces 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 recipient 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.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance for the preparation of the DD Form 214.  It states item 12f shows the total amount of foreign service covered by the DD Form 214 and item 18 shows the statement "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" for an active duty Soldier deployed with his or her unit during their continuous period of active service.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his foreign service, the only available evidence is an approved award of the Army Achievement Medal that refers to his efforts in supporting the unit's redeployment from the Kingdom of Saudi Arabia.  Aside from that, there is no evidence in his records and he provided none to support his foreign service in Southwest Asia.  In the absence of additional evidence that confirms his exact dates of departure and return, there is insufficient evidence to grant him relief.

2.  With respect to the Combat Infantryman Badge, again, the only available evidence is an approved award of the Army Achievement Medal that lists the Combat Infantryman Badge as a previous award.  However, there are no official orders to confirm his entitlement to this award.  Additionally, although he held an infantry MOS, his records show he was assigned to a cavalry unit.  There is insufficient evidence to add this badge to his 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 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)                                         AR20110006379



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ABCMR Record of Proceedings (cont)                                         AR20110006379



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