IN THE CASE OF:
BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110020813
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 removal of one of the Combat Infantryman Badge (CIB) orders from his Official Military Personnel File (OMPF).
2. He states contrary to policy he was awarded the CIB twice for the same campaign.
3. He provides Headquarters, 3d Infantry Division Permanent Orders Number 317-30.
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 is currently serving in the Regular Army as an Infantry officer in the rank of captain.
3. His records maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain Headquarters, 4th Brigade Combat Team, Permanent Orders Number 124-10, dated 4 May 2005, awarding him the CIB for service in support of Operation Iraqi Freedom (OIF) on 26 April 2005.
4. These same records show he was awarded a second CIB by Headquarters, 3d Infantry Division, Permanent Orders Number 317-30, dated 13 November 2005, for service in support of OIF on 28 September 2005.
5. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
6. Army Regulation 600-8-22 states a separate award of the CIB was authorized for qualified Soldiers in any of four conflicts:
a. World War II (7 December 1941 to 3 September 1945);
b. the Korean Conflict (27 June 1950 to 27 July 1953);
c. the Vietnam Conflict (which includes service in Vietnam (2 March 1961 to 28 March 1973 and qualifying service in Laos (19 April 1961 to 6 October 1962)), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the demilitarized zone (4 January 1969 to 31 March 1994), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January to 11 April 1991); and
d. the War on Terrorism (which includes Afghanistan, Operation Enduring Freedom; and Iraq, Operation Iraqi Freedom).
7. Subsequent awards of the CIB are not authorized for the same qualifying period. It is recognized by one award only regardless of whether a Soldier had served one or multiple tours in any or all of these areas.
8. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes what forms and documents are to be filed in the OMPF and where they are to be filed. It states that once filed such documents become a permanent part of the OMPF and may only be removed by one of several agencies, one of which is the ABCMR.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he was awarded the CIB by Headquarters, 4th Brigade Combat Team, Permanent Orders Number 124-10 for service in support of OIF on 26 April 2005. These orders appear to be correct as published.
2. It appears Headquarters, 3d Infantry Division, Permanent Orders Number
317-30, dated 13 November 2005, awarding him the CIB for service in support of OIF on 28 September 2005, were published in error in that he had already been awarded the CIB for service in support of OIF. As such, it would be appropriate to revoke and remove these orders from his OMPF.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that Department of the Army records of the individual concerned be corrected by revoking Headquarters, 3d Infantry Division, Permanent Orders Number 317-30, dated 13 November 2005, and removing these orders from his OMPF and not filing the revocation orders in his OMPF.
_______ _ __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) AR20110020813
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ABCMR Record of Proceedings (cont) AR20110020813
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