Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120008470
Original file (20120008470.txt) Auto-classification: Denied

		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 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'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 applicant’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120008470


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2001 | 2001057950C070420

    Original file (2001057950C070420.rtf) Auto-classification: Approved

    He also states that an ARCOM he was awarded is missing from separation document and although he was recommended for the AGCM by his unit commander, he never received the award. It states, in pertinent part, that a member is entitled to receive the AGCM for each 3 years completed. It states, in pertinent part, that there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit...

  • ARMY | BCMR | CY2011 | 20110008101

    Original file (20110008101.txt) Auto-classification: Approved

    He also states that upon completion of his active duty service he was awarded the ARCOM and the DA Form 638-1 (Recommendation for Award) documenting this award also shows he had been previously awarded the CIB. There are no orders or other documents in the applicant’s NPRC file that show he was ever recommended for or awarded the ARCOM or the CIB by proper authority while serving on active duty. He provides extract from another applicant's ABCMR Record of Proceedings which shows, in part,...

  • ARMY | BCMR | CY2001 | 2001056052C070420

    Original file (2001056052C070420.rtf) Auto-classification: Approved

    By regulation, there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat. In addition, although authorized subsequent to his separation, based on his service in Southwest Asia during Operation Desert Storm, the applicant is clearly entitled to both the KLM-SA...

  • ARMY | BCMR | CY2002 | 2002068657C070402

    Original file (2002068657C070402.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show that:The applicant entered active duty on 22 April 1986. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:1.

  • ARMY | BCMR | CY2005 | 20050000083C070206

    Original file (20050000083C070206.doc) Auto-classification: Approved

    The applicant requests correction of his records to show award of the Combat Infantryman Badge and the Army Commendation Medal. The applicant’s DA Form 2-1 (Personnel Qualification Record) indicates, in Item 9 (Awards, Decorations & Campaigns), that he earned the following awards during his tenure on active duty: Army Service Ribbon (ASR), Overseas Service Ribbon (OSR), Army Good Conduct Medal (AGCM) [this award is not shown on his DD Form 214], the National Defense Service Medal (NDSM),...

  • ARMY | BCMR | CY2011 | 20110018378

    Original file (20110018378.txt) Auto-classification: Approved

    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 (CIB). His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: a. item 5 (Oversea Service) he performed duty in Saudi Arabia from 8 January through 9 May 1991; b. item 9 (Awards, Decorations and Campaigns) no entry for the CIB; and c. item 35 (Record of Assignments) he was assigned to Company B, 1st Battalion, 41st Infantry...

  • ARMY | BCMR | CY2014 | 20140019547

    Original file (20140019547.txt) Auto-classification: Approved

    Army Regulation 600-8-22, as amended by Military Personnel Message 08-190, states the CIB may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat. Although the applicant contends that his unit was awarded the CIB after his discharge, the CIB is an individual award and not a unit award. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2005 | 20050002282C070206

    Original file (20050002282C070206.doc) Auto-classification: Approved

    The applicant requests that he be awarded the Combat Infantryman Badge (CIB) and the Kuwait Liberation Medal (KLM), awarded by the Government of Kuwait. There are no orders in the applicant’s personnel records that show he was awarded the Combat Infantryman Badge. The evidence shows that the applicant was awarded the KLM.

  • ARMY | BCMR | CY2005 | 20050001100C070206

    Original file (20050001100C070206.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 September 2005 DOCKET NUMBER: AR20050001100 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that the Combat Infantryman Badge (CIB) be added to the list of awards contained on his separation document (DD Form 214). It was awarded to members who served in support of...

  • ARMY | BCMR | CY2005 | 20050001100C070206

    Original file (20050001100C070206.TXT) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 September 2005 DOCKET NUMBER: AR20050001100 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Chairperson Mr. Thomas E. O’Shaughessy Member Mr. Patrick H. McGann Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect,...