IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120011090
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 (CIB).
2. He states he served in the Gulf War and his DD Form 214 reflects the Southwest Asia Service Medal with a combat patch, but it does not show award of the CIB.
3. He does not provide any 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 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 applicants records show he enlisted in the Regular Army on
25 October 1990. After completion of basic and advanced individual training, he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman). He served in Southwest Asia during Operation Desert Storm from 1 February 1992 to 31 July 1992. He was assigned to Headquarters and Headquarters Company, Combined Arms Battalion, 22d Infantry Regiment. He was honorably released from active duty on 28 December 1994.
3. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) does not show award of the CIB. Item 35 (Record of Assignments) of this form shows he was assigned in duty MOS 11M throughout his military service.
4. Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB. Additionally, his military service records do not contain any orders awarding him the CIB.
5. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Southwest Asia from 1 February 1992 to 31 July 1992 and he was assigned to 22d Infantry Regiment in an infantry duty MOS. There is no evidence of record to show he was personally present and participated in active ground combat while assigned to the 22d Infantry Regiment.
2. A Soldier serving in an infantry MOS and in an infantry unit alone is insufficient to warrant award of the CIB. In all cases, the burden of proof rests with the applicant to submit substantiating proof of their entitlement for awards in the absence of evidence in their records. The applicant did not provide any documentation and his records do not contain any evidence to support or clearly show that he was personally present and participated in active ground combat during his service in support of Desert Storm.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20120011090
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ABCMR Record of Proceedings (cont) AR20120011090
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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