BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120011926
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.
2. The applicant states:
* he served as a cavalry scout with the 2nd Armored Cavalry Regiment in combat operations
* he is eligible for the Combat Infantryman Badge
* he had the chance to receive the award in 2006, but at the time he did not want to appear to be another medal hunter
* now he would like the Combat Infantryman Badge to be shown on his
DD Form 214 (Certificate of Release or Discharge from Active Duty)
3. The applicant provides:
* Reassignment Orders 268-0002, dated 25 September 2006
* Reassignment Orders 127-0136, dated 6 May 2012
* Revocation Orders 127-0135, dated 6 May 2012
* Physical Evaluation Board Proceedings, dated 5 September 2006
* DD Form 214, dated 22 October 2006
* DD Form 215 (Correction to DD Form 214), dated 15 May 2012
* Retirement Orders D139-04, dated 18 May 2012
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 enlisted in the Regular Army on 14 May 2003. He completed training as a cavalry scout. He was awarded military occupational specialty 19D (Cavalry Scout).
3. The applicant arrived in Iraq on 8 October 2003 and was assigned to the 2nd Armored Cavalry Regiment. He departed Iraq en-route to the United States on 24 July 2004.
4. On 22 October 2006, the applicant was placed on the Temporary Disability Retired List (TDRL) due to a physical disability. He was removed from the TDRL and permanently retired on 23 April 2007. He completed 3 years, 5 months, and 9 days of net active service this period.
5. The applicants DD Form 214 shows the following awards:
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
6. A review of the available records does not show the applicant was ever awarded an infantry or Special Forces specialty or that he was assigned to an infantry unit.
7. 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 or special forces unit during such time as the unit is engaged in active ground combat, and he must have actively participated in ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. His supporting evidence has been considered.
2. There is no evidence in the available record, nor has the applicant submitted substantiating evidence, to show he was ever awarded an infantry or Special Forces specialty.
3. The available record shows he was awarded a cavalry scout specialty and was assigned to the 2nd Armored Cavalry Regiment. This duty does not qualify him for award of the Combat Infantryman Badge.
4. In view of the foregoing, his request should be denied.
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) AR20120011926
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ABCMR Record of Proceedings (cont) AR20120011926
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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