IN THE CASE OF: 

		BOARD DATE:  28 August 2012

		DOCKET NUMBER:  AR20120004506 


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) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award.

2.  The applicant states he served in the infantry in military occupational specialty (MOS) 11B in Saudi Arabia in 1990 and 1991 and he satisfied the requirements to be awarded the CIB.  He was assigned to an infantry unit at Fort Benning, GA, and he received advanced infantry training at Fort Polk, LA, in 1967.

3.  The applicant provides a copy of his DD Form 214 for the period ending
6 June 1991.

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.  The applicant was inducted into the Army of the United States on 8 July 1966.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 22 (Military Occupational Specialties) his primary MOS (PMOS) as 76A (Supply Clerk), dated 1 July 1967, and

	b.  item 38 (Record of Assignments) he attended Advanced Individual Training (AIT) at Fort Polk in duty MOS 11B; however, all subsequent assignments are listed as duty MOS 76A (Supply Clerk).

4.  On 28 August 1968, the applicant was released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.  His available record does not contain a DD Form 214 for this period of service.

5.  On 15 November 1990, the applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm.

6.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

	a.  item 5 (Oversea Service) he performed duty in Southwest Asia - Saudi Arabia from 8 December 1990 through 9 May 1991;

	b.  item 6 (MOS) his:

* PMOS as 76Y2O (Supply Sergeant)
* secondary MOS (SMOS) as 71L2O (Administration Noncommissioned Officer (NCO)
* additional MOS (AMOS) as 11B2O

	c.  item 9 (Awards, Decorations and Campaigns) no entry for the CIB.

7.  On 6 June 1991, he was honorably REFRAD in the rank/grade of SGT/E-5 at the expiration of his term of service.  He completed 6 months and 21 days of net active service this period.  His DD Form 214 show in:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) no entry for the CIB;


	b.  item 11 (Primary Specialty) the entry "76Y2O  Unit Supply Sp(ecialist) – 
15 YRS"//Nothing Follows"; and

	c.  Item 18 (Remarks) the entry "Service in Southwest Asia:  901209 – 910509."

8.  His record contains a DA Form 2166-7 (NCO Evaluation Report) for the period December 1990 through May 1991.  This report shows his Principal Duty Title as "Assistant Supply Sergeant" and his Duty MOS as "76Y2O" while assigned to Headquarters and Headquarters Detachment, 400th Military Police Battalion.

9.  There are no official orders or other evidence in the applicant's record that shows he was recommended for or awarded the CIB.

10.  Army Regulation 600-8-22 (Military Awards) provides that the CIB 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 during such time as the unit was engaged in active ground combat; and they must have been present with their qualifying infantry unit and participated actively in such ground combat.  Combat service or campaign credit alone is not sufficient to award the CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.

2.  The available evidence shows the applicant attended AIT in duty MOS 11B; however, there is no record he was ever awarded or served in an infantry MOS while assigned to an infantry unit engaged in active ground combat.

3.  The available evidence clearly shows he served in Southwest Asia as an assistant supply sergeant in MOS 76Y2O in a military police unit.

4.  In view of the foregoing, there is an insufficient evidentiary basis for grantint 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)                                         AR20100021246



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ABCMR Record of Proceedings (cont)                                         AR20120004506



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