IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110011141
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 while filing a claim for compensation, he noticed the CIB was missing from his records. He further states he believes it should be a matter of record.
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 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. The applicant enlisted in the Regular Army on 28 July 1998. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Infantryman). The highest rank/grade he attained while serving on active duty was specialist/E-4.
3. On 13 October 2004, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) after completing 6 years, 2 months, and 16 days of total active service. The DD Form 214 he was issued does not include the CIB in the list of earned awards in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized).
3. The applicant's DD Form 214 shows he served in Iraq from 14 February 2003 to 2 February 2004. Item 8a (Last Duty Assignment and Major Command) shows he was assigned to Company D, 1st Battalion, 325th Airborne Infantry Regiment.
4. The applicant's official military personnel file is void of orders or any other documents which indicate he was ever recommended for or awarded the CIB during his active duty service.
6. 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 while 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/MOS 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show award of the CIB was carefully considered. However, there is no evidence in his record which indicates he was ever recommended for or awarded the CIB during his active duty service.
2. To qualify for award of the CIB there must be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.
3. The available evidence shows the applicant was an infantryman assigned to an infantry unit of brigade, regimental, or smaller size during his tour in Iraq. However, the evidence does not show he served in active ground combat during this period of service.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The applicant and all others concerned should know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20110011141
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ABCMR Record of Proceedings (cont) AR20110011141
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