IN THE CASE OF:
BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120008470
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 the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he received the CIB while serving with A Company, 1st Battalion, 8th Cavalry in the Persian Gulf. He continues the medals he earned are not shown on his DD Form 214. He further states, in effect, that he didn't notice the medals were missing from his DD Form 214 until he started going to the Department of Veterans Affairs for assistance.
3. The applicant provides no supporting documentation.
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's record show he enlisted in the California Army National Guard on 4 September 1986. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). On 30 June 1987, he enlisted in the Regular Army under the same MOS.
3. Orders 253-4, dated 15 December 1989, awarded the applicant a primary MOS of 11M (Fighting Vehicle Infantryman) and a secondary MOS of 11B.
4. Item 4 (Assignment Consideration) of the applicants DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia during the period
27 September 1990 through 21 April 1991.
5. Item 38 (Record of Assignments) of the applicant's DA Form 2-1 shows that during his tour in Saudi Arabia, he was assigned to Company A, 1st Battalion, 8th Cavalry, 1st Cavalry Division, where he performed duties in MOS 11M . Item 41 (Awards and Decorations) of the applicant's DA Form 2-1 does not include the CIB in the list of earned awards.
6. On 28 January 1992, the applicant was discharged after completing 4 years, 6 months, and 29 days of creditable active military service.
7. The applicant's DD Form 214 shows the following awards:
* Army Commendation Medal with 1st oak leaf cluster
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge (Driver-W)
* Sharpshooter Marksmanship Qualification Badge (Grenade)
* Marksman Marksmanship Qualification Badge (Rifle)
* Southwest Asia Service Medal with 2 bronze service stars
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Chapter 8 contains guidance on combat and special skill badges. Paragraph 8-6 contains guidance on award of the CIB. It states that in order to support award of the CIB there must be evidence the member held and served in an infantry MOS; that he served in an infantry unit of brigade, regimental, or smaller size; and that he was present with and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. Service in a combat area and campaign participation credit alone do not support award of the CIB.
DISCUSSION AND CONCLUSIONS:
1. His service in Saudi Arabia in an infantry MOS with an infantry unit 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 CIB.
2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. He and all Americans should be justifiably proud of his service in arms.
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) AR20120008470
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