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BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120001597
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 (CIB) and his initial date of entry in the military.
2. The applicant states, in effect, the CIB was awarded after serving on active duty in Southwest Asia in support of Desert Shield/Desert Storm. He further states, in effect, his initial date of entry is 17 July 1973.
3. The applicant provided a copy of 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 initially enlisted into the Regular Army on 17 July 1973. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). His
DD Form 214 dated 11 April 1977 shows that he reenlisted on 12 April 1977 after completing 3 years, 8 months, and 25 days of creditable active service.
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows the following:
a. Item 5 (Oversea Service) that he served in Saudi Arabia during the period 28 December 1990 through 8 May 1991.
b. Item 27 (Remarks) that he received "Imminent Danger Pay" for performing duty in Southwest Asia during the period 28 December 1990 through 8 May 1991.
c. Item 35 (Current and Previous Assignments) that he was assigned to Company B, 5th Battalion, 16th Infantry during the period 11 April 1989 through
16 July 1991.
4. On 31 July 1993, the applicant was retired. He completed 16 years, 3 months and 19 days of creditable service and 3 years, 8 months and 25 days of prior active service.
5. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his DD Form 214 to show the CIB and his correct date of entry was carefully considered. However, there is insufficient evidence to grant relief.
2. With respect to the Combat Infantryman Badge, his service in Southwest Asia is not in question. However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy. Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.
3. The applicants DD Form 214 dated 31 October 1993, shows in item 12d (Record of Service) that he had accrued 3 years, 8 months and 25 days of prior active service. In view of the foregoing, there is no reason to change his date of entry. His DD Form 214 shows that he entered active duty on 17 July 1973. A copy of this DD Form 214 will be provided to him.
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 the overall merits of his 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) AR20120001597
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120001597
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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