IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110021022
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 award of the Combat Infantryman Badge and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award.
2. The applicant states information for his award of the Combat Infantryman Badge was not submitted with the unit's information. He served in Afghanistan from 12 July to 1 December 2002. He was discharged prior to the completion of his tour in order to meet his expiration term of service date.
3. The applicant provides his DD Form 214 and two DD Forms 215 (Correction to 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 6 January 2000 and he held military occupational specialty (MOS) 11C (Indirect Fire Infantryman). He served in Afghanistan from 12 July to 1 December 2002 while assigned to the 1st Battalion, 505th Infantry Regiment.
3. He was honorably released from active duty on 5 January 2003 and transferred to the U.S. Army Reserve. He completed 3 years of creditable active service.
4. His DD Form 214 does not show the Combat Infantryman Badge.
5. Item 9 (Awards, Decorations, & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show the Combat Infantryman Badge.
6. His records do not contain orders that show he was awarded the Combat Infantryman Badge.
7. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge may be awarded to an infantryman satisfactorily performing infantry duties, while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat. A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. The applicant's infantry MOS and his assignment to an infantry unit during his service in Afghanistan are not in question. However, there is no evidence in the available records and he did not submit any evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.
3. In the absence of evidence that conclusively shows he actively participated in ground combat, regrettably, there is insufficient evidence upon which to base award of the Combat Infantryman Badge. Therefore, he is not entitled to the requested relief.
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) AR20110021022
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ABCMR Record of Proceedings (cont) AR20110021022
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