IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120001411
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 (CIB).
2. The applicant states:
a. He wants to be awarded the CIB for his service in Somalia because prior to 2006 the dates for award of the CIB for Somalia were from June 1993 to October 1995. Now the dates are from June 1992 to October 1995, so his service time qualifies him for the award.
b. He was assigned to Company B, 3rd Battalion, 14th Infantry Regiment (Golden Dragons) and he served in Somalia from December 1992 to March 1993. They were engaged by enemy fire on multiple occasions.
3. The applicant provides no additional evidence.
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 Regular Army on 14 August 1992 in pay grade E-2 for a period of 3 years. He completed training and he was awarded military occupational specialty 11B (Infantryman). He served in Somalia from
22 December 1992 through 8 March 1993.
3. He was discharged from active duty on 18 October 1996. His DD Form 214 does not show award of the CIB.
4. There is no evidence in his service personnel record that shows he was recommended for or awarded the CIB.
5. Army Regulation 600-8-22 (Military Awards) states that there are basically three requirements for award of the CIB. 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.
6. Army Regulation 600-8-22 also states the CIB is authorized for award for service in Somalia from 5 June 1992 to 31 March 1994.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record and he did not provide any evidence that shows he was recommended for or awarded the CIB. His service in Somalia while assigned to an infantry unit in an infantry MOS is not in question. However, there is no evidence in his military personnel records and he did not submit sufficient evidence that shows he was personally present while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy and awarded the CIB.
2. The applicant's request for award of the CIB was carefully considered. However, the CIB is not automatically awarded to a Soldier for being shot at or for undergoing the hazards of day-to-day combat. In addition, the regulation does not show that the eligibility dates for award of the CIB for Somalia have changed, and the applicant did not provide evidence of a change.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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) AR20120001411
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ABCMR Record of Proceedings (cont) AR20120001411
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