IN THE CASE OF:
BOARD DATE: 15March 2012
DOCKET NUMBER: AR20110018364
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.
2. The applicant states his DD Form 214 does not reflect that he did indeed serve in the infantry during the Gulf War.
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's records show he enlisted in the Regular Army on 28 March 1990. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).
3. He served in Southwest Asia in support of Operations Desert Shield/Storm from 26 December 1990 to 1 May 1991. He was assigned to B Company, 4th Battalion, 7th Infantry.
4. Subsequent to deployment he was involved in a motor vehicle accident on
26 May 1991 that led to his evaluation by a physical evaluation board and ultimate discharge by reason of disability.
5. On 14 November 1991, he was honorably discharged by reason of physical disability with entitlement to severance pay. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his
DD Form 214 shows the:
* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
6. On 16 May 1994, he was issued a DD Form 215 (Correction to DD Form 214) that added the:
* Southwest Asia Service Medal with 3 bronze service stars
* Army Lapel Button
* Kuwait Liberation Medal
7. There are no official orders in his records that show he was awarded the Combat Infantryman Badge.
8. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is authorized for award for several qualifying wars, conflicts, and operations, including Operation Desert Storm. 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, in effect, 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.
DISCUSSION AND CONCLUSIONS:
1. There are 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.
2. In this case, the applicant's infantry MOS and his service in Southwest Asia with an infantry unit are not in question. However, there is no evidence in his records and he provides none to show he was actively present while the infantry unit engaged in active ground combat.
3. Notwithstanding his sincerity, in the absence of official documentary evidence that conclusively shows he was personally present with a qualifying infantry unit when the unit was engaged in active ground combat and that he actively participated in such ground combat, there is insufficient evidence upon which to support award of the Combat Infantryman Badge or adding it 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 that 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) AR20110018364
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ABCMR Record of Proceedings (cont) AR20110018364
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