BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110011749
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by awarding him the Combat Infantryman Badge (CIB).
2. He was not awarded the CIB for his service in Iraq as an 11B (Infantryman).
3. He provides four DD Forms 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. The applicant's record shows that he enlisted in the Regular Army (RA) on
8 October 1991. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).
3. On 6 February 1995, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) after completing a total of 3 years, 3 months, and 29 days of active military service.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) of his DD Form 214, dated 6 February 1995, does not show award of the CIB.
5. He again enlisted in the RA on 25 July 1996 and served until he was honorably discharged on 24 July 1999.
6. Item 13 of his DD Form 214, dated 24 July 1999, does not show award of the CIB.
7. Effective 25 July 1999, he enlisted in the California Army National Guard (CAARNG) and was ordered to active duty on 7 January 2002. His DD Form 214 shows:
a. on 13 July 2002, he was honorably released from active duty and returned to the CAARNG after completing a total of 6 months and 7 days of active military service;
b. Item 13 of his DD Form 214 does not show award of the CIB; and
c. Item 18 (Remarks) shows he was deployed to Southwest Asia from
8 February to 7 June 2002 in support of Operation Desert Spring.
8. On 16 August 2004, he was ordered to active duty in support of Operation Iraqi Freedom. His DD Form 214, dated 9 August 2005, shows:
a. he was honorably released from active duty and returned to the CAARNG after completing a total of 11 months and 24 days of active military service;
b. item 12f (Foreign Service) does not show he served overseas;
c. Item 13 of his DD Form 214 does not show award of the CIB; and
d. Item 18 (Remarks) does not show he served overseas.
9. There are no orders in the available records that show he was awarded the CIB. Additionally, there is no evidence that he personally engaged in active ground combat while he was in Southwest Asia or Iraq.
10. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Chapter 8 of the awards regulation contains guidance on award of combat and special skill badges. Paragraph 8-6b (5) (a) contains guidance on award of the CIB. It states, in pertinent part, that on or after 18 September 2001, a Soldier must be an Army infantry or special forces (SSI 11 or 18) in the grade of colonel or below, or an Army enlisted Soldier or warrant officer with an infantry or special forces MOS, who has 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, to close with and destroy the enemy with direct fires.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant held and served in an infantry MOS while assigned to an infantry unit. However, the evidence does not show he personally engaged in active ground combat while serving with his infantry unit. Therefore, he is not entitled to award of the CIB.
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) AR20110011749
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080009912
On 14 May 2003, the applicant was ordered to active duty in support of Operation Noble Eagle, in MOS 11B. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). However, the evidence of record shows that he was assigned or attached to a Military Police unit during his service in Iraq.
ARMY | BCMR | CY2008 | 20080009916
The applicant states, in effect, that his commander was unfamiliar with the regulations regarding awarding the CIB and, therefore, did not submit the applicant for the award. The applicant also states, in effect, that he was engaged by enemy fire, both direct and indirect, while performing combat duties in Iraq. Item 13 of the applicants DD Form 214 does not show award of the CIB.
ARMY | BCMR | CY2011 | 20110017800
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Combat Infantryman Badge (CIB). The evidence clearly shows the applicant was awarded an infantryman MOS.
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 | CY2009 | 20090020476
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080014932, on 2 December 2008. The applicant's military records are not available for review with this case; however, his DD Form 214 shows he enlisted in the Regular Army on 6 April 1989 and he held military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman). In the...
ARMY | BCMR | CY2011 | 20110004947
BOARD DATE: 13 September 2011 DOCKET NUMBER: AR20110004947 THE BOARD CONSIDERED THE FOLLOWING 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. 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...
ARMY | BCMR | CY2008 | 20080009913
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Combat Infantryman Badge (CIB). On 3 October 2007, he was released from active duty upon completion of his required active service and returned to his unit in the CAARNG.
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.
ARMY | BCMR | CY2012 | 20120017302
The applicant requests award of the Combat Infantryman Badge (CIB). However, there is no evidence which shows he was assigned to an infantry unit during such time as the unit was engaged in active ground combat, and actively participating in such ground combat in the Southwest Asia (Gulf War). Regrettably, there is insufficient evidence on which to base award of the CIB.
ARMY | BCMR | CY2009 | 20090019229
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). Army Regulation 600-8-22 (Military Awards), paragraph 8-6, provides for award of the CIB. Therefore, there is insufficient evidence in which to base award of the CIB in this case.