IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120003724
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 he did not have orders for the Combat Infantryman Badge at the time of his discharge.
3. He 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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having prior service in the U.S. Marine Corps, the applicant enlisted in the Regular Army on 31 August 2004 and he held military occupational specialty (MOS) 11B (Infantryman). The highest rank/pay grade he attained while serving on active duty was specialist/E-4.
3. He served in Iraq from 19 June 2006 to 25 September 2007 while assigned to the 5th Battalion, 20th Infantry Regiment, 2d Infantry Division.
4. Section VIII (Awards and Decorations) of his Enlisted Record Brief, dated 10 October 2007, does not show award of the Combat Infantryman Badge.
5. He was discharged from active duty on 19 November 2007. His DD Form 214 does not show award of the Combat Infantryman Badge.
6. There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Combat Infantryman Badge.
7. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is authorized for award for several qualifying wars, conflicts, and operations. 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 that an Army enlisted Soldier must have an infantry or special forces MOS 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. There are three basic 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. His records do not contain orders and he provides none to show he was awarded the Combat Infantryman Badge. 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 present and actively participated while his infantry unit engaged in ground combat.
3. In view of the foregoing, there is an insufficient 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 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) AR20120003724
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ABCMR Record of Proceedings (cont) AR20120003724
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