IN THE CASE OF:
BOARD DATE: 20 December 2011
DOCKET NUMBER: AR20110013212
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 Combat Infantryman Badge (CIB) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he received the CIB for combat in Somalia in 1993.
3. The applicant provides 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. The applicant enlisted in the U.S. Army Reserve on 14 October 1989 for a period of 8 years. He enlisted in the Regular Army on 21 November 1989 for a period of 4 years and 14 weeks. He served as an infantryman in Somalia. He was honorably discharged on 29 June 1993 for immediate reenlistment. He reenlisted on 30 June 1993 for a period of 3 years. Prior to his release from active duty on 29 June 1996, he enlisted in the Army National Guard on 14 May 1996 for a period of 4 years, 3 months, and 14 days.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the CIB.
4. Permanent orders, dated 18 April 1994, show he received the CIB on
16 February 1993.
DISCUSSION AND CONCLUSIONS:
Orders show he received the CIB. His DD Form 214 should be corrected to show this badge.
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 adding the CIB to item 13 of his 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) AR20110013212
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110013212
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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