IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120002580
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 the Bronze Star Medal and the Combat Infantryman Badge.
2. The applicant states he received the awards while assigned to A Company, 1st Battalion, 15th Infantry, in Germany and attached to the 3rd Armored Division. The awards are not listed on his DD Form 214. That affects his entitlement to medical assistance and compensation. He has tried to resolve this issue for a long time but he did not know how to correct it.
3. The applicant did not provide any 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. Having had prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 2 October 1989 and he held military occupational specialty 11M (fighting vehicle infantryman).
3. He served in Southwest Asia from 14 February to 14 May 1991. He was assigned to the 1st Battalion, 15th Infantry.
4. He was honorably released from active duty on 28 June 1991. The DD Form 214 he was issued at the time shows the:
* Army Service Ribbon
* Southwest Asia Service Medal
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
5. There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded, by orders, the Bronze Star Medal or the Combat Infantryman Badge.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. 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. With respect to the Bronze Star Medal, the governing Army regulation states for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement of orders are required. The applicant's record contains none and he provides none.
2. With respect to the Combat Infantryman Badge:
a. 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.
b. his records do not contain official orders and he provides none to show he was awarded the Combat Infantryman Badge. Furthermore, although the evidence of record shows he held an infantry MOS and he was assigned to an infantry unit, there is no evidence he was actively present while the infantry unit engaged in active ground combat.
3. In view of the foregoing, there is no 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) AR20120002580
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120002580
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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