BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120002671
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.
2. He states the Combat Infantryman Badge is not listed on his DD Form 214.
3. He provides his DD Form 214 and separation orders.
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 11 July 2001. He completed the required training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).
3. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 26th Infantry Regiment while he served in Iraq from 12 February 2004 to 12 February 2005.
4. His personnel record does not include orders for award of the Combat Infantryman Badge and is void of evidence which indicates he was engaged in active ground combat.
5. He was honorably released from active duty on 31 May 2005. His DD Form 214 does not show award of the Combat Infantryman Badge.
6. Army Regulation 600-8-22 (Military Awards) states 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. The Combat Infantryman Badge is authorized for Iraq (Operation Iraqi Freedom from 19 March 2003 to a date to be determined).
DISCUSSION AND CONCLUSIONS:
1. The applicant's service record is void of evidence and he has not provided any evidence which confirms he was awarded the Combat Infantryman Badge.
2. His service record shows he was awarded MOS 11C and served as an infantryman in Iraq. However, there is no substantial evidence which shows he served during active ground combat and was personally present under hostile fire. Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the Combat Infantryman Badge.
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) AR20120002671
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