BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110011596 


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 the award of the Combat Infantryman Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 10 July 1992.  He also requests his first name on the orders awarding the Combat Infantryman Badge be corrected to reflect his correct first name.

2.  The applicant states his Combat Infantryman Badge was not added to his 
DD Form 214 or awarded to him.  He states the Combat Infantryman Badge was awarded to his unit, Company C, 3rd Battalion, 41st Infantry, after he was discharged from the military.  He also states his name on the orders awarding the Combat Infantryman Badge is incorrect.

3.  The applicant provides orders for the award of the Combat Infantryman Badge.

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.  He enlisted in the Regular Army on 6 June 1989.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).  His DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows his first name as W__l and his middle name as E____d.  The social security number (SSN) matches the SSN shown on the orders he provided.  Documents throughout his Military Personnel Records Jacket (MPRJ) reflect his name and SSN in the same manner.  Various documents show only his middle initial as E.

3.  On 27 October 1989, he was assigned to Headquarters and Headquarters Company (HHC), 1st Brigade, 2nd Armored Division at Fort Hood, TX.  He served in Southwest Asia during Operation Desert Storm from 12 October 1990 to 9 June 1991.

4.  Item 9 (Award, Decorations & Campaigns) on his DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Combat Infantryman Badge.

5.  There are no orders in his MPRJ awarding him the Combat Infantryman Badge.

6.  On 10 July 1992, he was discharged.  He completed 3 years, 1 month, and 
5 days of active service that was characterized as under honorable conditions.  Item 1 (Name) shows his first name as W__l.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Combat Infantryman Badge.

7.  Two DD Forms 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) were issued on 3 March 2010 (by Human Resources Command (HRC)) and on 27 October 2010 (by the Army Review Boards Agency).  While these two documents added additional awards to his 
DD Form 214 they did not include the Combat Infantryman Badge.

8.  His MPRJ contains a letter, dated 3 March 2010, from the Military Awards Branch, HRC, to his Congressional representative.

	a.  HRC was unable to locate any documentation verifying his entitlement to an award of the Combat Infantryman Badge.
	b.  Verification of satisfactory performance of duty while his unit was involved in actual ground combat may be in the form of sworn witness statements, S2/S3 journal entries, after-action reports, evaluation reports, a valor award citation, and similar documents.

	c.  Once official documentation is assembled, it may be forwarded to HRC for determination.

9.  The applicant provided a copy of Headquarters, United States Army Forces Central Command Permanent Orders 68-49, dated 6 April 1991.  These orders awarded the Combat Infantryman Badge to 26 Soldiers in HHC, 1st (Tiger) Brigade, for the period from 24-27 February 1991.  The applicant's last name and SSN are shown on the orders.  However, the first name is shown as W_____m and there is no middle name or middle initial.

10.  A review of the official military personnel files in iPERMS (integrated Personnel Electronic Records Management System) of two other Soldiers listed on the orders revealed the same order with the applicant's first name shown incorrectly.

11.  Army Regulation 635-5 (Separation Documents) states a DD Form 214 will be reissued when two DD Forms 215 have been issued and an additional correction is required.  When a DD Form 214 is administratively issued or reissued the entry: “DD FORM 214 ADMINISTRATIVELY ISSUED/REISSUED ON (date)” will be entered in Item 18 (Remarks) on all copies.

DISCUSSION AND CONCLUSIONS:

1.  The first name on the orders for award of the Combat Infantryman Badge does not match the applicant's first name and does not show a middle name or initial as shown on his DD Form 4, DD Form 214, and throughout his MPRJ.  He is not identified with the first name W_____m  anywhere in his MPRJ.  The SSN on the orders does match his SSN.

2.  The Combat Infantryman Badge was awarded to 26 Soldiers of HHC, 1st Brigade, of which he was a member during the period of the award.  A review of additional copies of the orders for the Combat Infantryman Badge in iPERMS showed his first name incorrectly.  Therefore, there is sufficient evidence to add this award to his DD Form 214.  

3.  He has already been issued two DD Forms 215.  Therefore, the issuance of a new DD Form 214 with be required to include all the awards on his current 
DD Form 214, all the awards from the previous DD Forms 215, and the Combat Infantryman Badge.

4.  The orders awarding him the Combat Infantryman Badge should be amended to show his correct first name as shown on his DD Form 4 and DD Form 214.

BOARD VOTE:

___x_____  ___x_____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  issuing a new DD Form 214 to include all the awards on his current 
DD Form 214, all the awards from the previous DD Forms 215, and the Combat Infantryman Badge;

	b.  entering in item 18 of the new DD Form 214 "DD FORM 214 ADMINISTRATIVELY ISSUED/REISSUED ON (date)" on all copies; and

	c.  amending Headquarters, United States Army Forces Central Command Permanent Orders 68-49, dated 6 April 1991, to show his correct first name as shown on his DD Form 4 and DD Form 214.






      _______ _   __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)                                         AR20110011596



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ABCMR Record of Proceedings (cont)                                         AR20110011596



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