IN THE CASE OF:	  

		BOARD DATE:	  30 April 2013

		DOCKET NUMBER:  AR20120018058 


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 and a right shoulder combat patch.

2.  The applicant states he served in Iraq outside of the exclusion zone as a security detail for a State Department Team negotiating with the Kurds and Jalal Talabani.  Because the Gulf War period goes from 2 August 1990 to a time to be set forth by law or the President, and he served in a combat zone, he believes he has earned these awards.

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214), dated 16 March 2011

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.  On 21 April 1988, the applicant enlisted in the Regular Army.  He completed his initial training and he was subsequently awarded military occupational specialty 18B2P (Special Forces Weapons Sergeant with parachutist qualification).

3.  On 7 January 1997, the applicant was honorably discharged due to non-retention on active duty.  He attained the rank/grade of sergeant (SGT)/E-5.  He completed 8 years, 8 months, and 17 days of creditable active service.

4.  The applicant's DD Form 214, as corrected by a DD Form 215, does not show award of the Combat Infantryman Badge or a right shoulder combat patch among his list of awards.

5.  Review of the Gulf War Roster lists the applicant's name as a participant during the period 1 November through 31 December 1995.

6.  Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the Combat Infantryman Badge 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.  Specific requirements state that an Army Soldier must have an infantry or special forces military occupational specialty and he must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy, to close with and destroy the enemy with direct fires.  Additionally, the Combat Infantryman Badge is authorized for award for specified qualifying wars, conflicts, and operations, including:

* Panama (20 December 1989 to 31 January 1990)
* Southwest Asia Conflict (17 January to 11 April 1991)
* Somalia (5 June 1992 to 31 March 1994)
* Afghanistan (Operation Enduring Freedom, 5 December 2001 to a date to be determined)


* Iraq (Operation Iraqi Freedom (19 March 2003 to a date to be determined)

7.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch."  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge and a right shoulder combat patch was carefully considered.

2.  The available evidence indicates the applicant served in the Gulf War theater from November through December 1995; however, there is no documentary evidence showing he served as an infantryman in an infantry or special forces unit while engaged in actual ground combat against the enemy.  Additionally, he served outside of the specified timeframe for the Combat Infantryman Badge for service during the Southwest Asia Conflict.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

3.  The shoulder sleeve insignia or the "combat patch" is an item of uniform wear and not an award or decoration.  There are no provisions for entering such patches on the DD Form 214.  Therefore, there is no basis for granting this portion of 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)                                         AR20120018058



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ABCMR Record of Proceedings (cont)                                         AR20120018058



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